I 

118TH CONGRESS 

2D SESSION H. R. 8732 

To enhance the rights of domestic employees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2024 

Ms. JAYAPAL (for herself, Ms. ADAMS, Ms. BALINT, Ms. BARRAGA ́N, Mrs. 

BEATTY, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BOWMAN, 

Mr. BOYLE of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Ms. 

BUDZINSKI, Ms. BUSH, Mr. CA ́RDENAS, Mr. CARSON, Mr. CARTER of 

Louisiana, Mr. CASAR, Mr. CASTEN, Mr. CASTRO of Texas, Mrs. 

CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARKE of New York, Mr. 

CLEAVER, Mr. CLYBURN, Mr. COHEN, Mr. CORREA, Mr. COURTNEY, Mr. 

DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. DELAURO, Ms. 

DELBENE, Mr. DELUZIO, Mrs. DINGELL, Mr. DOGGETT, Ms. ESCOBAR, 

Mr. ESPAILLAT, Mr. EVANS, Mrs. FOUSHEE, Mr. FROST, Mr. 

GARAMENDI, Mr. GARCI ́A of Illinois, Mr. ROBERT GARCIA of California, 

Ms. GARCIA of Texas, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. 

GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIMES, Mr. 

HORSFORD, Ms. HOYLE of Oregon, Mr. HUFFMAN, Mr. JACKSON of Illinois, Ms. JACKSON LEE, Ms. JACOBS, Mr. JOHNSON of Georgia, Ms. 

KAMLAGER-DOVE, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILMER, Mr. 

KIM of New Jersey, Mr. KRISHNAMOORTHI, Mr. LANDSMAN, Ms. LEE of 

California, Ms. LEE of Nevada, Ms. LEGER FERNANDEZ, Mr. LIEU, Ms. 

LOFGREN, Mr. LYNCH, Ms. MATSUI, Ms. MCCLELLAN, Ms. MCCOLLUM, 

Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, Mr. MFUME, 

Ms. MOORE of Wisconsin, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, 

Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 

OMAR, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. 

QUIGLEY, Mrs. RAMIREZ, Mr. RASKIN, Ms. ROSS, Ms. SALINAS, Ms. 

SA ́NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. 

SCHIFF, Mr. DAVID SCOTT of Georgia, Mr. SMITH of Washington, Mr. 

SOTO, Ms. STANSBURY, Ms. STEVENS, Ms. STRICKLAND, Mr. SUOZZI, 

Mr. SWALWELL, Mr. TAKANO, Mr. THANEDAR, Ms. TLAIB, Ms. TOKUDA, 

Mr. TORRES of New York, Mrs. TRAHAN, Mr. VARGAS, Mr. VASQUEZ, 

Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, 

Ms. WILD, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on House 

Administration, Energy and Commerce, Ways and Means, Oversight and 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8732 IH

Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance the rights of domestic employees, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Domestic Workers Bill of Rights Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Rulemaking authority. 

Sec. 5. Rule of construction. 

TITLE I—DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS 

Subtitle A—Amendments to the Fair Labor Standards Act of 1938 

Sec. 101. Overtime protections for live-in domestic employees. 

Sec. 102. Live-in domestic employees termination notices and communications. 

Sec. 103. Enforcement. 

Subtitle B—Domestic Employee Rights 

Sec. 110. Written agreements. 

Sec. 111. Earned sick days. 

Sec. 112. Fair scheduling practices. 

Sec. 113. Right to request and receive temporary changes to scheduled work 

hours due to personal events. 

Sec. 114. Privacy. 

Sec. 115. Breaks for meals and rest. 

Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes 

of communication. 

Sec. 117. Prohibited acts. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8732 IH

Sec. 118. Enforcement authority. 

Sec. 119. Effect on existing employment benefits and other laws. 

Subtitle C—Amendment to Title VII of the Civil Rights Act of 1964 

Sec. 131. Including certain domestic employees in civil rights protections 

against discrimination in employment. 

TITLE II—STANDARDS BOARD AND BENEFITS 

Sec. 201. Domestic Employee Standards Board. 

Sec. 202. Domestic employees’ benefits study. 

TITLE III—IMPLEMENTATION OF THE DOMESTIC WORKERS BILL 

OF RIGHTS 

Sec. 301. Definitions. 

Sec. 302. Notice of domestic employee rights. 

Sec. 303. Interagency task force on domestic workers bill of rights enforcement. 

Sec. 304. National Domestic Employee Hotline. 

Sec. 305. National grant for community-based education, outreach, and enforcement of domestic employee rights. 

Sec. 306. Encouraging the use of fiscal intermediaries. 

Sec. 307. Application to domestic employees who provide Medicaid-funded services. 

Sec. 308. Delayed enforcement for government-funded programs. 

TITLE IV—FUNDING 

Sec. 401. Temporary increase in the Federal medical assistance percentage for 

Medicaid-funded services provided by domestic employees. 

Sec. 402. Authorization of appropriations. 

TITLE V—SEVERABILITY 

Sec. 501. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) There are an estimated 2,200,000 domestic 

4 employees across the United States working in pri5 vate homes to provide direct care, child care, and 

6 house-cleaning services. 

7 (2) Domestic work is a job-enabling job that 

8 makes all other work possible. It is labor that cannot 

9 be outsourced to individuals abroad, nor is it close 

10 to being automated. Without the millions of domesVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8732 IH

1 tic employees caring for children, seniors, and people 

2 with disabilities, and cleaning homes, much of the 

3 economy would come to a standstill. 

4 (3) During the COVID–19 pandemic, domestic 

5 work and other low-wage service jobs, disproportion6 ately held by women, women of color, and immi7 grants, were deemed essential. This crisis showed 

8 how essential these jobs have always been to our 

9 economy. At great risk to the health of themselves 

10 and their families, domestic employees worked on 

11 the frontlines of the pandemic to provide care to 

12 those more vulnerable to COVID–19, seniors, and 

13 individuals with disabilities, and provided child care 

14 for the children of essential workers and other work15 ers. A study of Black immigrant domestic employees 

16 conducted by the Institute for Policy Studies and 

17 the National Domestic Workers Alliance in May and 

18 June of 2020 found that 25 percent of employees 

19 surveyed experienced or lived with someone who had 

20 experienced COVID–19 symptoms. Seventy-three 

21 percent of such employees surveyed indicated that 

22 they did not receive personal protective equipment 

23 (‘‘PPE’’) from their employers. 

24 (4) Domestic employees experienced a rapid 

25 and sustained loss of jobs during the COVID–19 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8732 IH

1 pandemic, which exacerbated the existing financial 

2 insecurity experienced by many domestic employees. 

3 Surveys from the National Domestic Workers Alli4 ance and NDWA Labs between March and Sep5 tember 2020 found that for 6 consecutive months, 

6 more than half of domestic employees surveyed were 

7 unable to pay their rent or mortgage. Nearly 75 per8 cent of employees surveyed did not receive any com9 pensation when their jobs were canceled. 

10 (5) The employment of individuals in domestic 

11 service in households affects commerce, as described 

12 in section 2(a) of the Fair Labor Standards Act of 

13 1938 (29 U.S.C. 202(a)), and thus many domestic 

14 employees are employees covered under the Fair 

15 Labor Standards Act of 1938. Moreover, domestic 

16 services provided by any domestic employee for an 

17 employer affect commerce. 

18 (6) Domestic employees are hired or contacted 

19 for work by phone, mail, or internet, or through 

20 newspaper ads, and travel to work through transpor21 tation on interstate highways, interstate transit, or 

22 vehicles in interstate commerce. 

23 (7) In 2023, the Bureau of Labor Statistics 

24 predicted that between 2021 and 2031— 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 8732 IH

1 (A) the number of new jobs for home 

2 health and personal care aides will increase by 

3 25 percent, which is an increase of 711,700 

4 jobs; and 

5 (B) the number of new jobs for child care 

6 positions will increase by 6 percent. 

7 (8) The COVID–19 pandemic increased the de8 mand for in-home child care. According to the Cen9 ter for Translational Neuroscience at the University 

10 of Oregon, the percentage of parents reporting use 

11 of home-based child care has grown since the onset 

12 of the pandemic from 27 percent to 31 percent by 

13 September 2021. 

14 (9) An increasing number of employees, includ15 ing domestic employees, are finding work on online 

16 platforms. An analysis from the JPMorgan Chase 

17 Institute found that between 2013 and 2020, the 

18 percentage of adults that had earned income from 

19 online platforms increased from 0.3 percent to 2.5 

20 percent. 

21 (10) Nine out of 10 domestic employees are 

22 women and such women are disproportionately peo23 ple of color and immigrants. Women, people of color, 

24 and immigrants have historically faced barriers to 

25 employment and economic advancement. According 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 8732 IH

1 to the Economic Policy Institute, domestic employ2 ees also tend to be older than other employees. Two 

3 in 5 domestic employees are age 50 or older, while 

just 1 4 ⁄3 of all other employees are at least 50 years 

5 old. 

6 (11) Domestic employees are paid low wages, 

7 can be subjected to workplace health and safety haz8 ards, and face difficulties saving for retirement. An 

9 Economic Policy Institute analysis of data from the 

10 Current Population Survey indicates that the aver11 age wage for a domestic employee is approximately 

12 $13.79 per hour or $18,360 per year if working full13 time. In practice, the average wage for a domestic 

14 employee is less than such approximation given that 

15 domestic work has largely been negotiated in the in16 formal labor market. 

17 (12) Low-wage employees, including domestic 

18 employees, experience high rates of minimum wage 

19 and overtime violations, violations of laws related to 

20 workers’ compensation and other workplace benefits, 

21 and illegal retaliation. A 2017 study from the Eco22 nomic Policy Institute found that 2,400,000 employ23 ees, 17 percent of the low-wage workforce, experi24 ences wage theft. A 2009 report from the National 

25 Employment Law Project found that employment in 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 8732 IH

1 private homes was one of the 3 industries with the 

2 highest rates of employment and labor law viola3 tions. 

4 (13) A landmark study of domestic employees 

5 published in 2012 by the National Domestic Work6 ers Alliance, the Center for Urban Economic Devel7 opment of the University of Illinois at Chicago, and 

8 DataCenter titled ‘‘Home Economics: The Invisible 

9 and Unregulated World of Domestic Work’’ indi10 cated poor working conditions across the domestic 

11 employees industry. The findings of such study in12 cluded that— 

13 (A) domestic employees have little control 

14 over their working conditions and employment 

15 is usually arranged without a written contract; 

16 (B) 35 percent of domestic employees 

17 interviewed reported that they worked long 

18 hours without breaks in the year immediately 

19 preceding the interview; 

20 (C) 25 percent of live-in domestic employ21 ees had responsibilities that prevented them 

22 from getting at least 5 hours of uninterrupted 

23 sleep at night during the week immediately pre24 ceding the interview; and 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 8732 IH

1 (D) 91 percent of domestic employees 

2 interviewed who encountered problems with 

3 their working conditions in the year imme4 diately preceding the interview did not complain 

5 about their working conditions because they 

6 were afraid they would lose their job. 

7 (14) The study described in paragraph (13) 

8 found that domestic employees have little access to 

9 federally supported employment benefits. For in10 stance— 

11 (A) less than 2 percent of such employees 

12 receive retirement or pension benefits, and less 

13 than 9 percent of such employees work for em14 ployers that collect payroll taxes on wages paid 

15 to such employees to provide eligibility for So16 cial Security disability and retirement benefits; 

17 and 

18 (B) 65 percent of such employees do not 

19 have health insurance and only 4 percent of 

20 such employees receive employer-provided insur21 ance, despite the fact that domestic work is 

22 hazardous and often results in illness or phys23 ical injuries. 

24 (15) Compounding these challenges is the fact 

25 that many domestic employees have been, and in 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 8732 IH

1 many cases continue to be, excluded from key provi2 sions of labor and employment laws like the Occupa3 tional Safety and Health Act of 1970 (29 U.S.C. 

4 651 et seq.) and the National Labor Relations Act 

5 (29 U.S.C. 151 et seq.). Live-in domestic employees 

6 solely employed by private households remain ex7 cluded from the overtime protections under the Fair 

8 Labor Standards Act of 1938 (29 U.S.C. 201 et 

9 seq.). Minimum employee threshold rules, 

10 misclassification of domestic employees as inde11 pendent contractors, and exclusion of independent 

12 contractors from coverage mean that most domestic 

13 employees are also de facto excluded from Federal 

14 civil rights protections, including protections under 

15 title VII of the Civil Rights Act of 1964 (29 U.S.C. 

16 2000e et seq.) and other laws. 

17 (16) The International Labour Organization’s 

18 Domestic Workers Convention, adopted in 2011, 

19 calls for domestic employees to have the right to 

20 freedom of association and collective actions, protec21 tions against harassment, privacy rights, and the 

22 right to be informed of conditions of employment. 

23 This Convention also calls for the right of domestic 

24 employees to keep their travel documents, the right 

25 to overtime compensation and rest breaks, the right 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 8732 IH

1 to minimum wage coverage, the right to occupational 

2 safety and health protections, and mechanisms to 

3 pursue complaints and ensure compliance with the 

4 law. 

5 (17) The unique nature of their work, in pri6 vate homes with individuals and families, also often 

7 makes it difficult for domestic employees to use Fed8 eral programs and policies to improve their skills 

9 and training and to join together collectively to ne10 gotiate better pay and working conditions. 

11 (18) Many domestic employees are also vulner12 able to discrimination and sexual harassment. These 

13 issues are further exacerbated by the unique working 

14 conditions faced by domestic employees, such as iso15 lation, poverty, immigration status, the lack of fa16 miliarity with the law and legal processes, limited 

17 networks for support, language barriers, and fear of 

18 retaliation and deportation. 

19 (19) Millions of older individuals, individuals 

20 with disabilities, and families are increasingly relying 

21 on domestic employees. Transforming domestic work 

22 jobs into good jobs with family sustaining wages and 

23 access to benefits can reduce high turnover due to 

24 poor working conditions, thereby enhancing quality 

25 of care, and supporting the millions of working and 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 8732 IH

1 retired people of the United States who rely on 

2 them. 

3 SEC. 3. DEFINITIONS. 

4 (a) FAIR LABOR STANDARDS ACT OF 1938 DEFINI5 TIONS.—In this Act: 

6 (1) COMMERCE; EMPLOY; EMPLOYEE; GOODS; 

7 PERSON; STATE.—The terms ‘‘commerce’’, ‘‘em8 ploy’’, ‘‘employee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘en9 terprise engaged in commerce or in the production 

10 of goods for commerce’’, ‘‘goods’’, ‘‘person’’, and 

11 ‘‘State’’ have the meanings given such terms in sec12 tion 3 of the Fair Labor Standards Act of 1938 (29 

13 U.S.C. 203). 

14 (2) REGULAR RATE.—The term ‘‘regular rate’’ 

15 has the meaning given such term in section 7(e) of 

16 such Act (29 U.S.C. 207(e)). 

17 (b) OTHER DEFINITIONS.—In this Act: 

18 (1) CHILD.—The term ‘‘child’’— 

19 (A) means an individual who is under 18 

20 years of age; and 

21 (B) includes an individual described in 

22 subparagraph (A) who is— 

23 (i) a biological, foster, or adopted 

24 child; 

25 (ii) a stepchild; 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 8732 IH

1 (iii) a child of a domestic partner; 

2 (iv) a legal ward; or 

3 (v) a child of a person standing in 

4 loco parentis. 

5 (2) DISABILITY.—The term ‘‘disability’’ has the 

6 meaning given the term in section 3 of the Ameri7 cans with Disabilities Act of 1990 (42 U.S.C. 

8 12102). 

9 (3) DOMESTIC PARTNER.— 

10 (A) IN GENERAL.—The term ‘‘domestic 

11 partner’’, with respect to an individual, means 

12 another individual with whom the individual is 

13 in a committed relationship. 

14 (B) COMMITTED RELATIONSHIP DE15 FINED.—The term ‘‘committed relationship’’ 

16 for purposes of subparagraph (A)— 

17 (i) means a relationship between 2 in18 dividuals, each at least 18 years of age, in 

19 which both individuals share responsibility 

20 for a significant measure of each other’s 

21 common welfare; and 

22 (ii) includes any such relationship be23 tween 2 individuals, including individuals 

24 of the same sex, that is granted legal rec25 ognition by a State or political subdivision 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 8732 IH

1 of a State as a marriage or analogous rela2 tionship, including a civil union or domes3 tic partnership. 

4 (4) DOMESTIC SERVICES.—The term ‘‘domestic 

5 services’’— 

6 (A) means services— 

7 (i) of a household nature; and 

8 (ii) performed by an individual in or 

9 about a private home (permanent or tem10 porary); and 

11 (B) includes services performed by individ12 uals such as companions, babysitters, cooks, 

13 waiters, butlers, valets, maids, housekeepers, 

14 nannies, nurses, janitors, laundresses, care15 takers, handymen, gardeners, home health 

16 aides, personal care aides or assistants, and 

17 chauffeurs of automobiles for family use. 

18 (5) DOMESTIC EMPLOYEE.—The term ‘‘domes19 tic employee’’— 

20 (A) means, except as provided in subpara21 graph (B), an employee who is employed by an 

22 employer for the performance of domestic serv23 ices; and 

24 (B) does not include— 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 8732 IH

1 (i) any individual who is a family 

2 member, friend, neighbor, or parent of a 

3 child and who provides child care for the 

4 child in the child’s home; 

5 (ii) any individual who is— 

6 (I) an employee of a family child 

7 care provider; or 

8 (II) a family child care provider; 

9 and 

10 (iii) any individual who is an employee 

11 described in section 13(a)(15) of the Fair 

12 Labor Standards Act of 1938 (29 U.S.C. 

13 213(a)(15)). 

14 (6) FAMILY CHILD CARE PROVIDER.—The term 

15 ‘‘family child care provider’’ means 1 or more indi16 viduals who provide child care services, in a private 

17 residence other than the residence of the child re18 ceiving the services, for fewer than 24 hours per day 

19 for the child (unless the nature of the work of the 

20 parent of the child requires 24-hour care). 

21 (7) MEDICAID HCBS-ELIGIBLE ELDERLY INDI22 VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly 

23 individual’’ means an individual who— 

24 (A) is 65 years of age or older; 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 8732 IH

1 (B) is eligible for and enrolled for medical 

2 assistance for any of the following services 

3 (whether provided on a fee-for-service, risk, or 

4 other basis) under a State Medicaid program 

5 under title XIX of the Social Security Act (42 

6 U.S.C. 1396 et seq.) (including any waiver or 

7 demonstration under such title or under section 

8 1115 of such Act (42 U.S.C. 1315) relating to 

9 such title), and includes an individual who be10 comes eligible for medical assistance under a 

11 State Medicaid program when removed from a 

12 waiting list: 

13 (i) Home health care services author14 ized under paragraph (7) of section 

15 1905(a) of the Social Security Act (42 

16 U.S.C. 1396d(a)). 

17 (ii) Personal care services authorized 

18 under paragraph (24) of such section. 

19 (iii) PACE services authorized under 

20 paragraph (26) of such section. 

21 (iv) Home and community-based serv22 ices authorized under subsections (b), (c), 

23 (i), (j), and (k) of section 1915 of such Act 

24 (42 U.S.C. 1396n), such services author25 ized under a waiver under section 1115 of 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 8732 IH

1 such Act (42 U.S.C. 1315), and such serv2 ices provided through coverage authorized 

3 under section 1937 of such Act (42 U.S.C. 

4 1396u–7). 

5 (v) Case management services author6 ized under section 1905(a)(19) of the So7 cial Security Act (42 U.S.C. 1396d(a)(19)) 

8 and section 1915(g) of such Act (42 

9 U.S.C. 1396n(g)). 

10 (vi) Rehabilitative services, including 

11 those related to behavioral health, de12 scribed in section 1905(a)(13) of such Act 

13 (42 U.S.C. 1396d(a)(13)). 

14 (vii) Such other services specified by 

15 the Secretary of Health and Human Serv16 ices. 

17 (8) ON-CALL.—The term ‘‘on-call’’, with respect 

18 to a domestic employee, means any period of time 

19 that the employer of the domestic employee requires 

20 the domestic employee to— 

21 (A) be available to work; and 

22 (B) wait to contact, or to be contacted by, 

23 the employer to determine whether the domestic 

24 employee will be required to report to work dur25 ing that period of time. 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 8732 IH

1 (9) PARENT.—The term ‘‘parent’’, with respect 

2 to an individual, means a biological, foster, or adop3 tive parent of the individual, a stepparent of the in4 dividual, parent-in-law of the individual, parent of a 

5 domestic partner of the individual, or a legal guard6 ian or other person who stood in loco parentis to the 

7 individual when the individual was a child. 

8 (10) PERSONAL CARE AIDE OR ASSISTANT.— 

9 The term ‘‘personal care aide or assistant’’ means 

10 an individual who provides personal care services. 

11 (11) PERSONAL CARE SERVICES.—The term 

12 ‘‘personal care services’’ means assistance provided 

13 to an individual who is not an inpatient or resident 

14 of a hospital, nursing facility, intermediate care fa15 cility for individuals with intellectual disabilities, or 

16 institution for mental disease that enables the recipi17 ent to accomplish activities of daily living or instru18 mental activities of daily living. 

19 (12) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Labor. 

21 (13) SELF-DIRECTED CARE.—The term ‘‘self22 directed care’’, with respect to an individual, means 

23 services for the individual that are planned and pur24 chased under the direction and control of the indiVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 8732 IH

1 vidual, including the amount, duration, scope, pro2 vider, and location of the services. 

3 (14) SHARED LIVING ARRANGEMENT.—The 

4 term ‘‘shared living arrangement’’ means a living ar5 rangement involving— 

6 (A) not more than 2 individuals who are 

7 an individual with a disability or a Medicaid 

8 HCBS-eligible elderly individual, except if 1 or 

9 more of the individuals are related to each 

10 other (by blood or a close association that is 

11 equivalent to a family relationship); 

12 (B) an individual providing services for 

13 compensation and living in the private home of 

14 the recipient of such services; 

15 (C) an individual receiving funding 

16 through a State Medicaid program under title 

17 XIX of the Social Security Act (42 U.S.C. 1396 

18 et seq.), or another publicly funded program; 

19 (D) a stipend or room and board as the 

20 primary form of payment for the individual pro21 viding such services; and 

22 (E) the individual receiving such services 

23 having the final decision regarding who is the 

24 provider of such services living with the indi25 vidual, through a consumer-driven matching 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 8732 IH

1 process that includes relationship building, per2 son-centered planning as defined by the Admin3 istrator of the Centers for Medicare & Medicaid 

4 Services, and an assessment of individual com5 patibility. 

6 (15) SPOUSE.—The term ‘‘spouse’’, with re7 spect to an individual, means another individual with 

8 whom the individual entered into a marriage (includ9 ing a common law or same-sex marriage)— 

10 (A) as defined or recognized under the law 

11 in the State in which the marriage was entered 

12 into; or 

13 (B) that, in the case of a marriage entered 

14 into outside of any State, is recognized in the 

15 place where entered into and could have been 

16 entered into in at least 1 State. 

17 SEC. 4. RULEMAKING AUTHORITY. 

18 The Secretary shall have the authority to promulgate 

19 rules to carry out this Act. 

20 SEC. 5. RULE OF CONSTRUCTION. 

21 For purposes of this Act, any domestic services per22 formed by a domestic employee for an employer are con23 sidered to affect commerce. 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•HR 8732 IH

1 TITLE I—DOMESTIC EMPLOYEE 

2 RIGHTS AND PROTECTIONS 

3 Subtitle A—Amendments to the 

4 Fair Labor Standards Act of 1938 

5 SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC 

6 EMPLOYEES. 

7 Section 13(b)(21) of the Fair Labor Standards Act 

8 of 1938 (29 U.S.C. 213(b)(21)) is repealed. 

9 SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION 

10 NOTICES AND COMMUNICATIONS. 

11 (a) IN GENERAL.—The Fair Labor Standards Act of 

12 1938 (29 U.S.C. 201 et seq.) is amended by inserting 

13 after section 7 (29 U.S.C. 207) the following: 

14 ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO15 TICES AND COMMUNICATIONS. 

16 ‘‘(a) DEFINITION OF LIVE-IN DOMESTIC EM17 PLOYEE.—In this section, the term ‘live-in domestic em18 ployee ’ means any employee who is employed in domestic 

19 service in a household and resides in such household. 

20 ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES21 TIC EMPLOYEES.— 

22 ‘‘(1) IN GENERAL.—If an employer terminates 

23 the employment of a live-in domestic employee, the 

24 employer shall, except as provided in paragraph (3), 

25 provide the live-in domestic employee with— 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•HR 8732 IH

1 ‘‘(A) written notice of the termination not 

2 later than 48 hours after such termination; and 

3 ‘‘(B)(i) not less than 30 calendar days of 

4 lodging at— 

5 ‘‘(I) the household premises of the 

6 employer, as customarily provided by the 

7 employer; or 

8 ‘‘(II) another premise of a comparable 

9 lodging condition; or 

10 ‘‘(ii) severance pay in an amount equiva11 lent to the average earnings of the live-in do12 mestic employee for 2 weeks of employment 

13 during the preceding 6 months. 

14 ‘‘(2) OFFSITE LODGING OR SEVERANCE.—If an 

15 employer chooses to provide a live-in domestic em16 ployee who is terminated, as described in paragraph 

17 (1), lodging described in paragraph (1)(B)(i)(II), or 

18 severance pay described in paragraph (1)(B)(ii), the 

19 employer shall allow the live-in domestic employee 

20 not less than 48 hours after the notice provided 

21 under paragraph (1)(A) to vacate the household of 

22 the employer. 

23 ‘‘(3) EXCEPTION.— 

24 ‘‘(A) IN GENERAL.—The requirements 

25 under paragraph (1) shall not be required in a 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•HR 8732 IH

1 case involving a good faith allegation described 

2 in subparagraph (B) that the live-in domestic 

3 employee has engaged in abuse or neglect, or 

4 caused any other harmful conduct, against the 

5 employer, any member of the family of the em6 ployer, or any individual residing in the house7 hold of the employer. 

8 ‘‘(B) GOOD FAITH ALLEGATIONS.—A good 

9 faith allegation described in this subparagraph 

10 shall be— 

11 ‘‘(i) made in writing and provided to 

12 the live-in domestic employee not later 

13 than 48 hours after the employer has 

14 knowledge of the conduct of the live-in do15 mestic employee resulting in the allegation; 

16 ‘‘(ii) supported by a reasonable basis 

17 and belief; and 

18 ‘‘(iii) made without reckless disregard 

19 or willful ignorance of the truth. 

20 ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM21 PLOYEES.— 

22 ‘‘(1) IN GENERAL.—If an employer requires an 

23 employee to be a live-in domestic employee, the em24 ployer shall— 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•HR 8732 IH

1 ‘‘(A) provide the live-in domestic employee 

2 with the ability, and reasonable opportunity, to 

3 access telephone and internet services in accord4 ance with paragraph (2); and 

5 ‘‘(B) without interference by the employer, 

6 permit the live-in domestic employee to send 

7 and receive communications by text message, 

8 social media, electronic or regular mail, and 

9 telephone calls. 

10 ‘‘(2) TELEPHONE AND INTERNET SERVICES.— 

11 ‘‘(A) EMPLOYER WITH SERVICES.—If an 

12 employer requires an employee to be a live-in 

13 domestic employee and has telephone or inter14 net services for the household of the employer, 

15 the employer shall provide the live-in domestic 

16 employee with reasonable access to such serv17 ices without charge to the employee. 

18 ‘‘(B) EMPLOYER WITHOUT SERVICES.—If 

19 an employer requires an employee to be a live20 in domestic employee and does not have tele21 phone or internet services for the household of 

22 the employer, the employer— 

23 ‘‘(i) shall provide the live-in domestic 

24 employee with a reasonable opportunity to 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•HR 8732 IH

1 access such services at another location; 

2 and 

3 ‘‘(ii) shall not be required to pay for 

4 such services.’’. 

5 (b) CONFORMING AMENDMENT.—Section 10 of the 

6 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re7 pealed. 

8 SEC. 103. ENFORCEMENT. 

9 (a) PROHIBITED ACT.—Section 15(a) of the Fair 

10 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is 

11 amended— 

12 (1) in paragraph (5), by striking ‘‘; and’’; 

13 (2) in paragraph (6), by striking the period and 

14 inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(7) to violate any provision of section 8, in17 cluding any regulation or order issued by the Sec18 retary under that section.’’. 

19 (b) PENALTIES.—Section 16 of such Act (29 U.S.C. 

20 216) is amended— 

21 (1) in subsection (b), by inserting ‘‘Any em22 ployer who violates section 8(b) shall be liable to the 

23 employee affected in an amount of severance pay 

24 that is calculated, with respect to the employee, in 

25 accordance with section 8(b)(1)(B)(ii), and in an adVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
26 

•HR 8732 IH

1 ditional equal amount as liquidated damages. Any 

2 employer who violates section 8(c) shall be liable to 

3 the employee affected in an amount that is not to 

4 exceed $2,000 for each violation.’’ after the third 

5 sentence; and 

6 (2) in subsection (c), by adding at the end the 

7 following: ‘‘The authority and requirements de8 scribed in this subsection shall also apply with re9 spect to a violation of section 8, as appropriate, and 

10 the employer shall be liable for the amounts de11 scribed in subsection (b) for violations of such sec12 tion.’’. 

13 (c) INJUNCTION PROCEEDINGS.—Section 17 of the 

14 Fair Labor Standards Act of 1938 (29 U.S.C. 217) is 

15 amended by striking ‘‘(except sums’’ and inserting ‘‘and 

16 in the case of violations of section 15(a)(7) the restraint 

17 of any withholding of severance pay and other damages 

18 found by the court to be due to employees under this Act 

19 (except, in either case, sums’’. 

20 (d) STATUTE OF LIMITATIONS.—Section 6 of the 

21 Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, 

22 in the matter preceding subsection (a), by inserting ‘‘(and 

23 any cause of action to enforce section 8 of such Act)’’ after 

24 ‘‘under the Fair Labor Standards Act of 1938, as amend25 ed’’. 


ssavage on LAPJG3WLY3PROD with BILLS
27 

•HR 8732 IH

1 Subtitle B—Domestic Employee 

2 Rights 

3 SEC. 110. WRITTEN AGREEMENTS. 

4 (a) COVERED DOMESTIC EMPLOYEE.—In this sec5 tion, the term ‘‘covered domestic employee’’ means any do6 mestic employee to whom the employer of the domestic 

7 employee expects to provide compensation for the perform8 ance of domestic services by the domestic employee for not 

9 less than 8 hours per week. 

10 (b) REQUIREMENT.—Each employer shall provide a 

11 written agreement in accordance with this section to each 

12 covered domestic employee employed by the employer. 

13 (c) WRITTEN AGREEMENT REQUIREMENTS.—A writ14 ten agreement required under this section shall— 

15 (1) be signed and dated by the covered domestic 

16 employee and the employer; 

17 (2) be written in— 

18 (A) a language easily and fully understood 

19 by the covered domestic employee and the em20 ployer, which may be in multiple languages if 

21 the employee and the employer do not easily 

22 and fully understand the same language; and 

23 (B) plain language; 

24 (3) include the contents described in subsection 

25 (d); and 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•HR 8732 IH

1 (4) be provided in accordance with subsection 

2 (e). 

3 (d) CONTENTS OF THE WRITTEN AGREEMENT.— 

4 (1) IN GENERAL.—The contents described in 

5 this subsection shall include each of the following: 

6 (A) The full name, address, and contact 

7 information of the employer, including, as ap8 propriate, any ‘‘doing business as’’ name of the 

9 employer and the name of each individual of the 

10 employer who will be doing business with the 

11 covered domestic employee. 

12 (B) The address for the location where the 

13 covered domestic employee will be providing do14 mestic services for the employer. 

15 (C) All responsibilities to be performed by 

16 the covered domestic employee for the employer, 

17 and the regularity in which such responsibilities 

18 are to be performed. 

19 (D) The hourly pay rate of the covered do20 mestic employee for any work week, including 

21 the overtime pay rate. 

22 (E) The day of the week when the covered 

23 domestic employee will be paid. 

24 (F) The required working hours for any 

25 work week, including— 


ssavage on LAPJG3WLY3PROD with BILLS
29 

•HR 8732 IH

1 (i) the time of day and day of week 

2 the work of the covered domestic employee 

3 begins; 

4 (ii) meal and rest breaks described in 

5 section 115; 

6 (iii) time off, including paid holidays 

7 and paid vacations; 

8 (iv) the work schedule of the employee 

9 at the time of hire, including— 

10 (I) the time of day and the days 

11 of the week the covered domestic em12 ployee will be expected to work for the 

13 employer each week; or 

14 (II) if the time of day or the days 

15 of the week that the domestic em16 ployee will be expected to work for the 

17 employer will vary from week to week, 

18 information regarding a good faith es19 timate of the days and hours for 

20 which the covered domestic employee 

21 will be expected to work for the em22 ployer each week, including, at min23 imum— 

24 (aa) the average number of 

25 hours the covered domestic emVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
30 

•HR 8732 IH

1 ployee will be expected to work 

2 for the employer each week dur3 ing a typical 90-day period; 

4 (bb) whether the covered do5 mestic employee can expect to be 

6 on-call; 

7 (cc) a subset of days the 

8 covered domestic employee can 

9 typically expect to work (or to be 

10 scheduled as off from work) for 

11 the employer; and 

12 (dd) the amount of notice 

13 that the employer will provide to 

14 the domestic employee in advance 

15 of scheduled work hours (as de16 fined in section 112(a)), which 

17 shall not be less than 72 hours 

18 before such scheduled work hours 

19 are to begin (except during a pe20 riod described in subparagraph 

21 (A) of section 112(e)(1), in a 

22 case described in subparagraph 

23 (B) of such section, or in the 

24 case of a shared living arrangeVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
31 

•HR 8732 IH

1 ment), and the manner in which 

2 such notice shall be provided; 

3 (v) how the employer will provide pay 

4 for last-minute changes to scheduled work 

5 hours as described in section 112(c); and 

6 (vi) how the employee can request and 

7 receive a change to scheduled work hours 

8 due to personal events as described in sec9 tion 113. 

10 (G) Information about policies, procedures, 

11 and equipment related to safety and emer12 gencies. 

13 (H) The policy of the employer pertaining 

14 to notice of termination of the covered domestic 

15 employee by the employer. 

16 (I) A description of the process for the cov17 ered domestic employee to raise or address 

18 grievances with respect to, or breaches of, the 

19 written agreement, including that the grievance 

20 process shall not be construed to be an exhaus21 tion of remedies requirement and shall not pre22 vent the domestic employee from going directly 

23 to a relevant enforcement agency or a court to 

24 enforce any right conferred by this Act or an25 other law. 


ssavage on LAPJG3WLY3PROD with BILLS
32 

•HR 8732 IH

1 (J) In the case of a covered domestic em2 ployee who resides in the household of the per3 son for whom the domestic employee provides 

4 domestic services— 

5 (i) the circumstances under which the 

6 employer may enter the designated living 

7 space of the domestic employee; 

8 (ii) the circumstances under which the 

9 covered domestic employee, in a shared liv10 ing arrangement, may enter the designated 

11 living space of the employer; and 

12 (iii) a description of certain cir13 cumstances the employer determines as 

14 cause for— 

15 (I) immediate termination of the 

16 covered domestic employee; and 

17 (II) subject (as applicable) to 

18 section 8(b) of the Fair Labor Stand19 ards Act of 1938, removal of the cov20 ered domestic employee from the 

21 household of the person for whom the 

22 employee provides domestic services 

23 not later than 48 hours after notice of 

24 the termination. 


ssavage on LAPJG3WLY3PROD with BILLS
33 

•HR 8732 IH

1 (K) If applicable, any policies of the em2 ployer with respect to the covered domestic em3 ployee for— 

4 (i) paying for or providing reimburse5 ment for— 

6 (I) health insurance; 

7 (II) transportation, meals, or 

8 lodging; or 

9 (III) any fees or costs associated 

10 with the domestic services provided by 

11 the covered domestic employee for the 

12 employer; 

13 (ii) annual or other pay increases; 

14 (iii) severance pay; and 

15 (iv) providing materials or equipment 

16 related to the performance of domestic 

17 service by the covered domestic employee, 

18 including (if applicable) any cleaning sup19 plies provided by the employer. 

20 (L) Any other benefits afforded to the cov21 ered domestic employee by the employer. 

22 (M) A description of the process used by 

23 the employer to change any policy described in 

24 subparagraphs (A) through (L), including ad25 dressing additional compensation if responsibilVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
34 

•HR 8732 IH

1 ities are added to those described in subpara2 graph (C), after the date on which the written 

3 agreement is provided to the domestic employee. 

4 (2) PROHIBITIONS.—A written agreement re5 quired under this section may not— 

6 (A) contain— 

7 (i) a predispute arbitration agreement 

8 (as such term is defined in section 401 of 

9 title 9, United States Code) for claims 

10 made by a covered domestic employee 

11 against an employer regarding the legal 

12 rights of the employee; or 

13 (ii) a nondisclosure agreement, non14 compete agreement, or nondisparagement 

15 agreement that limits the ability of the 

16 covered domestic employee to seek com17 pensation for performing domestic services 

18 after the employee ceases to receive com19 pensation from the employer for the per20 formance of domestic services; and 

21 (B) be construed to waive the rights or 

22 protections of a domestic employee under Fed23 eral, State, or local law. 

24 (e) TIMING.— 


ssavage on LAPJG3WLY3PROD with BILLS
35 

•HR 8732 IH

1 (1) INITIAL AGREEMENT.—An employer shall 

2 provide a written agreement required under this sec3 tion— 

4 (A) to each covered domestic employee 

5 hired by the employer after the date of enact6 ment of this Act on a day that, at the discretion 

7 of the employer, is— 

8 (i) not more than 5 days after the 

9 covered domestic employee is hired; or 

10 (ii) the day before the first day that 

11 the covered domestic employee performs 

12 domestic services for the employer; and 

13 (B) to each covered domestic employee 

14 hired on or before the date of enactment of this 

15 Act, not more than 180 days after such date of 

16 enactment. 

17 (2) SUBSEQUENT AGREEMENTS.—Not later 

18 than 30 calendar days after the date on which an 

19 employer makes a change to a written agreement 

20 provided to a covered domestic employee under this 

21 section, the employer shall provide the domestic em22 ployee with an updated agreement in accordance 

23 with this section. 

24 (f) RECORDS.—An employer that is required to pro25 vide a written agreement under this section to a covered 


ssavage on LAPJG3WLY3PROD with BILLS
36 

•HR 8732 IH

1 domestic employee shall retain such agreement for a pe2 riod of not less than 3 years from the date on which the 

3 covered domestic employee is no longer working for the 

4 employer. 

5 (g) MODEL WRITTEN AGREEMENTS.— 

6 (1) IN GENERAL.—Not later than 6 months 

7 after the date of enactment of this Act, the Sec8 retary shall establish and make available templates 

9 for model written agreements under this section. 

10 (2) REQUIREMENTS.—A model written agree11 ment required under paragraph (1) shall be available 

12 in multiple languages commonly understood by do13 mestic employees, including all languages in which 

14 the Secretary, acting through the Administrator of 

15 the Wage and Hour Division, translates a basic in16 formation fact sheet published by the Administrator. 

17 SEC. 111. EARNED SICK DAYS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic 

20 violence’’— 

21 (A) has the meaning given the term in sec22 tion 40002(a) of the Violence Against Women 

23 Act of 1994 (34 U.S.C. 12291(a)), except that 

24 the reference in such section to the term ‘‘juris25 diction receiving grant funding’’ shall be 


ssavage on LAPJG3WLY3PROD with BILLS
37 

•HR 8732 IH

1 deemed to mean the jurisdiction in which the 

2 victim lives or the jurisdiction in which the em3 ployer of the domestic employee involved is lo4 cated; and 

5 (B) includes dating violence, as that term 

6 is defined in such section. 

7 (2) DOMESTIC EMPLOYEE.—The term ‘‘domes8 tic employee’’ means a domestic employee, as defined 

9 in section 3(b), other than an individual providing 

10 domestic services through a shared living arrange11 ment. 

12 (3) EMPLOYMENT BENEFITS.—The term ‘‘em13 ployment benefits’’ means all benefits provided or 

14 made available to a domestic employee by the em15 ployer that employs the domestic employee, including 

16 group life insurance, health insurance, disability in17 surance, sick leave, annual leave, educational bene18 fits, and pensions, regardless of whether such bene19 fits are provided by a practice or written policy of 

20 an employer or through an ‘‘employee benefit plan’’, 

21 as defined in section 3(3) of the Employee Retire22 ment Income Security Act of 1974 (29 U.S.C. 

23 1002(3)). 

24 (4) HEALTH CARE PROVIDER.—The term 

25 ‘‘health care provider’’ means a provider who— 


ssavage on LAPJG3WLY3PROD with BILLS
38 

•HR 8732 IH

1 (A) is— 

2 (i) a doctor of medicine or osteopathy 

3 who is authorized to practice medicine or 

4 surgery (as appropriate) by the State in 

5 which the doctor practices; or 

6 (ii) any other person determined by 

7 the Secretary to be capable of providing 

8 health care services; and 

9 (B) is not employed by the employer for 

10 whom the provider issues certification under 

11 this section. 

12 (5) PAID SICK TIME.—The term ‘‘paid sick 

13 time’’ means an increment of compensated leave that 

14 can be earned by a domestic employee for use during 

15 an absence from employment for any of the reasons 

16 described in subparagraphs (A) through (D) of sub17 section (b)(2). 

18 (6) SEXUAL ASSAULT.—The term ‘‘sexual as19 sault’’ has the meaning given the term in section 

20 40002(a) of the Violence Against Women Act of 

21 1994 (34 U.S.C. 12291(a)). 

22 (7) STALKING.—The term ‘‘stalking’’ has the 

23 meaning given the term in section 40002(a) of the 

24 Violence Against Women Act of 1994 (34 U.S.C. 

25 12291(a)). 


ssavage on LAPJG3WLY3PROD with BILLS
39 

•HR 8732 IH

1 (8) VICTIM SERVICES ORGANIZATION.—The 

2 term ‘‘victim services organization’’ means a non3 profit, nongovernmental organization that provides 

4 assistance to victims of domestic violence, sexual as5 sault, or stalking or advocates for such victims, in6 cluding a rape crisis center, an organization carrying 

7 out a domestic violence, sexual assault, or stalking 

8 prevention or treatment program, an organization 

9 operating a shelter or providing counseling services, 

10 or a legal services organization or other organization 

11 providing assistance through the legal process. 

12 (b) EARNED PAID SICK TIME.— 

13 (1) EARNING OF TIME.— 

14 (A) IN GENERAL.—An employer shall pro15 vide each domestic employee employed by the 

16 employer not less than 1 hour of earned paid 

17 sick time for every 30 hours worked, to be used 

18 as described in paragraph (2). An employer 

19 shall not be required to permit a domestic em20 ployee to earn, under this subsection, more than 

21 56 hours of paid sick time in a calendar year, 

22 unless the employer chooses to set a higher 

23 limit. 

24 (B) DATES FOR BEGINNING TO EARN PAID

25 SICK TIME AND USE.— 


ssavage on LAPJG3WLY3PROD with BILLS
40 

•HR 8732 IH

1 (i) IN GENERAL.—A domestic em2 ployee— 

3 (I) shall begin to earn paid sick 

4 time under this subsection at the com5 mencement of their employment; and 

6 (II) except as provided in clause 

7 (ii), may use that earned paid sick 

8 time in accordance with this sub9 section. 

10 (ii) WAITING PERIOD FOR USE OF

11 EARNED PAID SICK TIME.— 

12 (I) IN GENERAL.—Except as pro13 vided in subclause (II) and subpara14 graph (F), a domestic employee may 

15 not use any paid sick time earned 

16 under this subsection before the day 

17 that is the 60th calendar day after 

18 commencement of the domestic em19 ployee’s employment. 

20 (II) ADVANCE FOR SICK TIME.— 

21 An employer may— 

22 (aa) loan paid sick time to a 

23 domestic employee employed by 

24 the employer for use by such do25 mestic employee in advance of 


ssavage on LAPJG3WLY3PROD with BILLS
41 

•HR 8732 IH

1 the domestic employee earning 

2 such sick time; and 

3 (bb) notwithstanding sub4 clause (I), permit use of earned 

5 sick time by a domestic employee 

6 before the 60th day of employ7 ment of the domestic employee. 

8 (C) CARRYOVER.—Paid sick time earned 

9 under this subsection shall carry over from one 

10 year to the next. 

11 (D) EMPLOYERS WITH EXISTING POLI12 CIES.—Any employer with a paid leave policy 

13 who makes available an amount of paid leave 

14 that is sufficient to meet the requirements of 

15 this subsection and that may be used for the 

16 same purposes and under the same conditions 

17 as the purposes and conditions outlined in para18 graph (2) shall not be required to permit a do19 mestic employee employed by the employer to 

20 earn additional paid sick time under this sub21 section. 

22 (E) CONSTRUCTION.—Nothing in this sub23 section shall be construed as requiring financial 

24 or other reimbursement to a domestic employee 

25 from an employer upon the domestic employee’s 


ssavage on LAPJG3WLY3PROD with BILLS
42 

•HR 8732 IH

1 termination, resignation, retirement, or other 

2 separation from employment with the employer 

3 for earned paid sick time that has not been 

4 used. 

5 (F) REINSTATEMENT.—If a domestic em6 ployee is separated from employment with an 

7 employer and is rehired for employment, within 

8 12 months after that separation, by the same 

9 employer, the employer shall reinstate the do10 mestic employee’s previously earned paid sick 

11 time. Notwithstanding subparagraph (B)(ii)(I), 

12 the domestic employee shall be entitled to use 

13 the earned paid sick time and earn additional 

14 paid sick time at the recommencement of em15 ployment with the employer. 

16 (G) PROHIBITION.—An employer may not 

17 require, as a condition of providing paid sick 

18 time under this subsection, that the domestic 

19 employee involved search for or find a replace20 ment to cover the hours during which the do21 mestic employee is using paid sick time. 

22 (2) USES.—Paid sick time earned under this 

23 subsection may be used by a domestic employee for 

24 any of the following: 


ssavage on LAPJG3WLY3PROD with BILLS
43 

•HR 8732 IH

1 (A) An absence resulting from a physical 

2 or mental illness, injury, or medical condition of 

3 the domestic employee. 

4 (B) An absence resulting from obtaining 

5 professional medical diagnosis or care, or pre6 ventive medical care, for the domestic employee. 

7 (C) An absence for the purpose of caring 

8 for a child, a parent, a spouse, a domestic part9 ner, or any other individual related by blood or 

10 affinity whose close association with the domes11 tic employee is the equivalent of a family rela12 tionship, who— 

13 (i) has any of the conditions or needs 

14 for diagnosis or care described in subpara15 graph (A) or (B); 

16 (ii) is required to attend— 

17 (I) in the case of someone who is 

18 a child, a school meeting; or 

19 (II) a meeting at a place where 

20 the child, parent, spouse, domestic 

21 partner, or such other individual is re22 ceiving care necessitated by a health 

23 condition or disability of the child, 

24 parent, spouse, domestic partner, or 

25 such other individual. 


ssavage on LAPJG3WLY3PROD with BILLS
44 

•HR 8732 IH

1 (iii) is in need of care and is typically 

2 cared for by an individual who is unable to 

3 provide care because the individual has any 

4 of the conditions or needs for diagnosis or 

5 care described in subparagraph (A) or (B); 

6 or 

7 (iv) is otherwise in need of care. 

8 (D) An absence resulting from domestic vi9 olence, sexual assault, or stalking, if the time is 

10 to— 

11 (i) seek medical attention for the do12 mestic employee or a child, parent, spouse, 

13 domestic partner, or another individual re14 lated to the domestic employee as de15 scribed in subparagraph (C), to recover 

16 from physical or psychological injury or 

17 disability caused by domestic violence, sex18 ual assault, or stalking; 

19 (ii) obtain or assist a child, a parent, 

20 a spouse, a domestic partner, or such other 

21 individual in obtaining services from a vic22 tim services organization; 

23 (iii) obtain or assist a child, a parent, 

24 a spouse, a domestic partner, or such other 


ssavage on LAPJG3WLY3PROD with BILLS
45 

•HR 8732 IH

1 individual in obtaining psychological or 

2 other counseling; 

3 (iv) seek relocation; or 

4 (v) take legal action, including pre5 paring for or participating in any civil or 

6 criminal legal proceeding related to or re7 sulting from domestic violence, sexual as8 sault, or stalking. 

9 (3) PROCEDURES.— 

10 (A) IN GENERAL.—Paid sick time shall be 

11 provided upon the oral or written request of a 

12 domestic employee. Such request shall— 

13 (i) include the expected duration of 

14 the period of such time; and 

15 (ii) be— 

16 (I) in a case in which the need 

17 for such period of time is foreseeable 

18 at least 7 days in advance of such pe19 riod, provided at least 7 days in ad20 vance of such period; or 

21 (II) otherwise, provided as soon 

22 as practicable after the domestic em23 ployee is aware of the need for such 

24 period. 

25 (B) CERTIFICATION IN GENERAL.— 


ssavage on LAPJG3WLY3PROD with BILLS
46 

•HR 8732 IH

1 (i) PROVISION.— 

2 (I) IN GENERAL.—Subject to 

3 clause (iv), an employer may require 

4 that a request for paid sick time 

5 under this subsection for a purpose 

6 described in subparagraph (A), (B), 

7 or (C) of paragraph (2) be supported 

8 by a certification issued by the health 

9 care provider of the eligible domestic 

10 employee or of an individual described 

11 in paragraph (2)(C), as appropriate, if 

12 the period of such time covers more 

13 than 3 consecutive workdays. 

14 (II) TIMELINESS.—The domestic 

15 employee shall provide a copy of such 

16 certification to the employer in a 

17 timely manner, not later than 30 days 

18 after the first day of the period of 

19 time. The employer shall not delay the 

20 commencement of the period of time 

21 on the basis that the employer has not 

22 yet received the certification. 

23 (ii) SUFFICIENT CERTIFICATION.—A 

24 certification provided under clause (i) shall 

25 be sufficient if it states— 


ssavage on LAPJG3WLY3PROD with BILLS
47 

•HR 8732 IH

1 (I) the date on which the period 

2 of paid sick time will be needed; 

3 (II) the probable duration of the 

4 period of time; 

5 (III) for purposes of paid sick 

6 time under paragraph (2)(A), a state7 ment that absence from work is medi8 cally necessary; 

9 (IV) for purposes of such time 

10 under paragraph (2)(B), the dates on 

11 which testing for a medical diagnosis 

12 or care is expected to be given the du13 ration of such testing or care; and 

14 (V) for purposes of such time 

15 under paragraph (2)(C), in the case of 

16 time to care for someone who is not a 

17 child, a statement that care is needed 

18 for an individual described in such 

19 paragraph, and an estimate of the 

20 amount of time that such care is 

21 needed for such individual. 

22 (iii) REGULATIONS.—The Secretary 

23 shall prescribe regulations that shall speci24 fy the manner in which a domestic em25 ployee who does not have health insurance 


ssavage on LAPJG3WLY3PROD with BILLS
48 

•HR 8732 IH

1 shall provide a certification for purposes of 

2 this subparagraph. 

3 (iv) CONFIDENTIALITY AND NON4 DISCLOSURE.— 

5 (I) PROTECTED HEALTH INFOR6 MATION.—Nothing in this section 

7 shall be construed to require a health 

8 care provider to disclose information 

9 in violation of section 1177 of the So10 cial Security Act (42 U.S.C. 1320d–6) 

11 or the regulations promulgated pursu12 ant to section 264(c) of the Health 

13 Insurance Portability and Account14 ability Act of 1996 (42 U.S.C. 

15 1320d–2 note). 

16 (II) HEALTH INFORMATION

17 RECORDS.—If an employer possesses 

18 health information about a domestic 

19 employee or a domestic employee’s 

20 child, parent, spouse, or domestic 

21 partner or another individual related 

22 to the domestic employee as described 

23 in paragraph (2)(C), such information 

24 shall— 


ssavage on LAPJG3WLY3PROD with BILLS
49 

•HR 8732 IH

1 (aa) be maintained on a sep2 arate form and in a separate file 

3 from other personnel informa4 tion; 

5 (bb) be treated as a con6 fidential medical record; and 

7 (cc) not be disclosed except 

8 to the affected domestic employee 

9 or with the permission of the af10 fected domestic employee. 

11 (C) CERTIFICATION IN THE CASE OF DO12 MESTIC VIOLENCE, SEXUAL ASSAULT, OR

13 STALKING.— 

14 (i) IN GENERAL.—An employer may 

15 require that a request for paid sick time 

16 under this subsection for a purpose de17 scribed in paragraph (2)(D) be supported 

18 by a form of documentation described in 

19 clause (ii) if the period of such time covers 

20 more than 3 consecutive workdays. 

21 (ii) FORM OF DOCUMENTATION.—A 

22 form of documentation described in this 

23 subparagraph is any one of the following: 

24 (I) A police report indicating that 

25 the domestic employee, or individual 


ssavage on LAPJG3WLY3PROD with BILLS
50 

•HR 8732 IH

1 described in paragraph (2)(D), was a 

2 victim of domestic violence, sexual as3 sault, or stalking. 

4 (II) A court order protecting or 

5 separating the domestic employee, or 

6 individual described in paragraph 

7 (2)(D), from the perpetrator of an act 

8 of domestic violence, sexual assault, or 

9 stalking, or other evidence from the 

10 court or prosecuting attorney that the 

11 domestic employee, or individual de12 scribed in paragraph (2)(D), has ap13 peared in court or is scheduled to ap14 pear in court in a proceeding related 

15 to domestic violence, sexual assault, or 

16 stalking. 

17 (III) Other documentation signed 

18 by an employee or volunteer working 

19 for a victim services organization, an 

20 attorney, a police officer, a medical 

21 professional, a social worker, an 

22 antiviolence counselor, or a member of 

23 the clergy, affirming that the domestic 

24 employee, or individual described in 

25 paragraph (2)(D), is a victim of doVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
51 

•HR 8732 IH

1 mestic violence, sexual assault, or 

2 stalking. 

3 (iii) REQUIREMENTS.—The require4 ments of subparagraph (B) shall apply to 

5 certifications under this paragraph, except 

6 that— 

7 (I) subclauses (III) through (V) 

8 of clause (ii) of such subparagraph 

9 shall not apply; 

10 (II) the certification shall state 

11 the reason that the leave is required 

12 with the facts to be disclosed limited 

13 to the minimum necessary to establish 

14 a need for the domestic employee to 

15 be absent from work, and the domes16 tic employee shall not be required to 

17 explain the details of the domestic vio18 lence, sexual assault, or stalking in19 volved; and 

20 (III) with respect to confiden21 tiality under clause (iv) of such sub22 paragraph, any information provided 

23 to the employer under this subpara24 graph shall be confidential, except to 


ssavage on LAPJG3WLY3PROD with BILLS
52 

•HR 8732 IH

1 the extent that any disclosure of such 

2 information is— 

3 (aa) requested or consented 

4 to in writing by the domestic em5 ployee; or 

6 (bb) otherwise required by 

7 applicable Federal or State law. 

8 (iv) SPECIFICATION OF DOCUMENTA9 TION.—An employer may not specify which 

10 of the forms of documentation described in 

11 subclause (I), (II), or (III) of clause (ii) is 

12 required to be provided in order to satisfy 

13 the requirement under clause (i). 

14 (c) CONSTRUCTION AND APPLICATION.— 

15 (1) EFFECT ON OTHER LAWS.— 

16 (A) FEDERAL AND STATE ANTI-DISCRIMI17 NATION LAWS.—Nothing in this section shall be 

18 construed to modify or affect any Federal or 

19 State law prohibiting discrimination on the 

20 basis of race, religion, color, national origin, sex 

21 (including sexual orientation and gender iden22 tity), age, disability, marital status, familial sta23 tus, or any other protected status. 

24 (B) STATE AND LOCAL LAWS.—Nothing in 

25 this section shall be construed to supersede (inVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
53 

•HR 8732 IH

1 cluding preempting) any provision of any State 

2 or local law that provides greater paid sick time 

3 or leave rights (including greater amounts of 

4 paid sick time or leave or greater coverage of 

5 those eligible for paid sick time or leave) than 

6 the rights established under this section. 

7 (2) EFFECT ON EXISTING EMPLOYMENT BENE8 FITS.— 

9 (A) MORE PROTECTIVE.—Nothing in this 

10 section shall be construed to diminish the obli11 gation of an employer to comply with any con12 tract, collective bargaining agreement, or em13 ployment benefit program or plan that provides 

14 greater paid sick leave or other leave rights to 

15 domestic employees or other individuals than 

16 the rights established under this section. 

17 (B) LESS PROTECTIVE.—The rights estab18 lished for domestic employees under this section 

19 shall not be diminished by any contract, any 

20 collective bargaining agreement, or any employ21 ment benefit program or plan. 

22 (d) EFFECTIVE DATE.—This section, other than sub23 section (b)(4)(B)(iii), takes effect 2 years after the date 

24 of enactment of this Act. 


ssavage on LAPJG3WLY3PROD with BILLS
54 

•HR 8732 IH

1 SEC. 112. FAIR SCHEDULING PRACTICES. 

2 (a) DEFINITIONS.—In this section: 

3 (1) COVERED DOMESTIC EMPLOYEE.—The term 

4 ‘‘covered domestic employee’’ has the meaning given 

5 the term in section 110(a). 

6 (2) SCHEDULED WORK HOURS.—The term 

7 ‘‘scheduled work hours’’ means the hours on a speci8 fied day during which a domestic employee is, 

9 through a written agreement or schedule, required 

10 by the employer of the domestic employee to perform 

11 domestic services for the employer and for which the 

12 domestic employee will receive compensation for such 

13 services. 

14 (b) REQUIREMENT FOR NOTICE OF COVERED DO15 MESTIC EMPLOYEE.—In the case of a covered domestic 

16 employee of an employer, the employer shall provide the 

17 covered domestic employee notice of the scheduled work 

18 hours of such employee through— 

19 (1) a written agreement described in subclause 

20 (I) of section 110(d)(1)(F)(iv) regarding a schedule 

21 of the time of day and the days of the week the cov22 ered domestic employee is expected to work for the 

23 employer each week; or 

24 (2) a schedule agreed upon by the employer and 

25 the covered domestic employee provided in the 

26 amount of time specified in accordance with a writVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
55 

•HR 8732 IH

1 ten agreement described in subclause (II) of such 

2 section, regarding a good faith estimate of the time 

3 of day and the days of the week that the covered do4 mestic employee is expected to work for the em5 ployer. 

6 (c) REQUIREMENTS FOR CHANGES TO SCHEDULED

7 WORK HOURS AND REPORTING TIME PAY.—An employer 

8 shall— 

9 (1) communicate in writing (which may be in 

10 an electronic form) any change to the scheduled 

11 work hours of each domestic employee of the em12 ployer, including any on-call shifts, not less than 72 

13 hours before the domestic employee is scheduled to 

14 begin work; and 

15 (2) pay each domestic employee of the em16 ployer— 

17 (A) the regular rate of pay of the domestic 

18 employee for any scheduled work hours the do19 mestic employee does not work due to the em20 ployer canceling or reducing the scheduled work 

21 hours of the domestic employee after the do22 mestic employee arrives to work for the sched23 uled work hours; or 

(B) at a rate of 1 24 ⁄2 of the regular rate of 

25 pay of the domestic employee for any scheduled 


ssavage on LAPJG3WLY3PROD with BILLS
56 

•HR 8732 IH

1 work hours the domestic employee does not 

2 work due to the employer canceling or reducing 

3 the scheduled work hours of the domestic em4 ployee at a time that is less than 72 hours prior 

5 to the commencement of such scheduled work 

6 hours, unless the employer— 

7 (i) is an individual with a disability 

8 relying on the domestic employee for dis9 ability supports and services (or an em10 ployer supporting an individual with a dis11 ability); and 

12 (ii) requests the domestic employee to 

13 consent to work alternative, equivalent 

14 scheduled work hours within a 7-day pe15 riod and the employee consents to work 

16 such alternative, equivalent hours. 

17 (d) RIGHT TO DECLINE SCHEDULE CHANGES.— 

18 (1) IN GENERAL.—If an employer intends to 

19 schedule a covered domestic employee for work dur20 ing hours that are identified as hours in which the 

21 employee can typically expect to be scheduled as off 

22 from work in accordance with the written agreement 

23 under section 110(d)(1)(F)(iv)(I) or are identified as 

24 hours outside of the good faith estimate under sec25 tion 110(d)(1)(F)(iv)(II)(cc)), the employer shall obVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
57 

•HR 8732 IH

1 tain the written consent of the covered domestic em2 ployee to work such hours prior to the commence3 ment of such work. 

4 (2) CONSENT.—A covered domestic employee 

5 may provide written consent under paragraph (1) in 

6 an electronic format. 

7 (e) EXCEPTIONS.— 

8 (1) IN GENERAL.—Notwithstanding any provi9 sion in this section, the requirements under sub10 section (c) shall not apply— 

11 (A) during any period in which the oper12 ations of the employer cannot begin or continue 

13 due to— 

14 (i) a fire, flood, or other natural dis15 aster; 

16 (ii) a major disaster or emergency de17 clared by the President under section 401 

18 or 501, respectively, of the Robert T. Staf19 ford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5170, 5191) or a 

21 state of emergency declared by a Governor 

22 of a State or chief official of a unit of local 

23 government; or 

24 (iii) a severe weather condition that 

25 poses a threat to employee safety; or 


ssavage on LAPJG3WLY3PROD with BILLS
58 

•HR 8732 IH

1 (B) in a case in which— 

2 (i) the domestic employee voluntarily 

3 requested in writing a change to the sched4 uled work hours of the employee; or 

5 (ii) the employer changes the sched6 uled work hours of a domestic employee 

7 due to— 

8 (I) a medical emergency requir9 ing the emergency medical treatment 

10 or hospitalization of the individual for 

11 whom the domestic employee is per12 forming domestic services or a child, a 

13 parent, a spouse, or a domestic part14 ner of such individual or any other in15 dividual related by blood or affinity 

16 whose close association with such indi17 vidual is the equivalent of a family re18 lationship; or 

19 (II) the risk of contagion or a 

20 quarantine requirement related to a 

21 public health emergency declared 

22 under section 319 of the Public 

23 Health Service Act (42 U.S.C. 247d). 

24 (2) SHARED LIVING ARRANGEMENT.—Notwith25 standing any provision in this section, the requireVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
59 

•HR 8732 IH

1 ments under this section shall not apply to a shared 

2 living arrangement. 

3 (f) EFFECTIVE DATE.—This section shall take effect 

4 on the date that is 2 years after the date of enactment 

5 of this Act. 

6 SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY 

7 CHANGES TO SCHEDULED WORK HOURS DUE 

8 TO PERSONAL EVENTS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) COVERED DOMESTIC EMPLOYEE.—The term 

11 ‘‘covered domestic employee’’ has the meaning given 

12 the term in section 110(a). 

13 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic 

14 violence’’ has the meaning given the term in section 

15 111(a). 

16 (3) PERSONAL EVENT.—The term ‘‘personal 

17 event’’, with respect to a covered domestic employee, 

18 means— 

19 (A) an event resulting in the need of the 

20 covered domestic employee to serve as a care21 giver for an individual related to the covered 

22 domestic employee by blood or affinity or whose 

23 close association with the covered domestic em24 ployee is the equivalent of a family relationship; 


ssavage on LAPJG3WLY3PROD with BILLS
60 

•HR 8732 IH

1 (B) an event resulting from the obligation 

2 of a covered domestic employee to attend a legal 

3 proceeding or hearing for subsistence benefits, 

4 including benefits under the supplemental nutri5 tion assistance program established under the 

6 Food and Nutrition Act of 2008 (7 U.S.C. 

7 2011 et seq.) or under a State program for 

8 temporary assistance for needy families estab9 lished under part A of title IV of the Social Se10 curity Act (42 U.S.C. 601 et seq.), to which the 

11 employee, or an individual related to the em12 ployee as described in subparagraph (A), is a 

13 party or witness; or 

14 (C) any circumstance that would constitute 

15 a basis for permissible use of safe time or fam16 ily, medical, or sick leave, as determined based 

17 on the policy of the employer of the covered do18 mestic employee. 

19 (4) SAFE TIME.—The term ‘‘safe time’’, with 

20 respect to a covered domestic employee, means an 

21 absence from work of the employee resulting from 

22 domestic violence, sexual assault, or stalking, if the 

23 absence is to— 

24 (A) seek medical attention for the em25 ployee or a child, parent, spouse, or domestic 


ssavage on LAPJG3WLY3PROD with BILLS
61 

•HR 8732 IH

1 partner of the employee, or any other individual 

2 related to the employee by blood or affinity 

3 whose close association with the employee is the 

4 equivalent of a family relationship, in order to 

5 recover from physical or psychological injury or 

6 disability caused by domestic violence, sexual 

7 assault, or stalking; 

8 (B) obtain, or assist a child, parent, 

9 spouse, domestic partner, or other individual 

10 described in subparagraph (A) in obtaining, 

11 services from a victim services organization; 

12 (C) obtain, or assist a child, parent, 

13 spouse, domestic partner, or other individual 

14 described in subparagraph (A) in obtaining, 

15 psychological or other counseling; 

16 (D) seek relocation for the employee or a 

17 child, parent, spouse, domestic partner, or other 

18 individual described in subparagraph (A); or 

19 (E) take legal action, including preparing 

20 for or participating in any civil or criminal legal 

21 proceeding related to or resulting from domestic 

22 violence, sexual assault, or stalking, of the em23 ployee or a child, parent, spouse, domestic part24 ner, or other individual described in subpara25 graph (A). 


ssavage on LAPJG3WLY3PROD with BILLS
62 

•HR 8732 IH

1 (5) SCHEDULED WORK HOURS.—The term 

2 ‘‘scheduled work hours’’ has the meaning given such 

3 term in section 112(a), except that references in 

4 such section to the term ‘‘domestic employee’’ shall 

5 be deemed to be a reference to the term ‘‘covered 

6 domestic employee’’. 

7 (6) SEXUAL ASSAULT; STALKING.—The terms 

8 ‘‘sexual assault’’ and ‘‘stalking’’ have the meanings 

9 given such terms in section 111(a). 

10 (7) TEMPORARY CHANGE.—The term ‘‘tem11 porary change’’, with respect to a change in the 

12 scheduled work hours of a covered domestic em13 ployee, means a limited alteration in the hours or 

14 dates that, or locations where, a employee is sched15 uled to work, including such an alteration involving 

16 using paid time off, trading work hours with another 

17 individual, shifting work hours, or using short-term 

18 unpaid leave. 

19 (b) REQUEST.— 

20 (1) IN GENERAL.—In accordance with this sub21 section, for each calendar year, an employer shall, 

22 upon request of a covered domestic employee of the 

23 employer, grant to the covered domestic employee 

24 not less than— 


ssavage on LAPJG3WLY3PROD with BILLS
63 

•HR 8732 IH

1 (A) 2 requests for a temporary change, 

2 covering not more than 1 work day per request, 

3 to the scheduled work hours of the employee 

4 due to a personal event; or 

5 (B) 1 request for a temporary change, cov6 ering not more than 2 work days, to the sched7 uled work hours of the employee due to a per8 sonal event. 

9 (2) NOTIFICATION OF REQUEST.— 

10 (A) IN GENERAL.—A covered domestic em11 ployee who requests a temporary change to the 

12 scheduled work hours of the employee due to a 

13 personal event under this subsection shall— 

14 (i) notify the employer or direct su15 pervisor of such employee, as soon as the 

16 employee becomes aware of the need for 

17 the temporary change and inform the em18 ployer or supervisor that the change is due 

19 to a personal event; and 

20 (ii) unless the employee seeks leave 

21 without pay, make a proposal regarding 

22 how the covered domestic employee will 

23 make the temporary change to the sched24 uled work hours of the employee (such as 

25 by using the any earned paid time off of 


ssavage on LAPJG3WLY3PROD with BILLS
64 

•HR 8732 IH

1 the domestic employee or by trading work 

2 hours). 

3 (B) FORMAT OF NOTIFICATION.—A notifi4 cation under subparagraph (A)(i) need not be 

5 in writing. 

6 (c) EFFECTIVE DATE.—This section shall take effect 

7 on the date that is 2 years after the date of enactment 

8 of this Act. 

9 SEC. 114. PRIVACY. 

10 (a) IN GENERAL.—An employer shall not— 

11 (1) monitor or record a domestic employee of 

12 the employer while such domestic employee is— 

13 (A) using restroom or bathing facilities; 

14 (B) in the private living quarters of the 

15 employee; or 

16 (C) engaging in any activities associated 

17 with the dressing, undressing, or changing of 

18 clothes of the employee; 

19 (2) subject to subsection (b), restrict or inter20 fere with, or monitor, the private communications of 

21 such domestic employee; or 

22 (3) take possession of any documents or other 

23 personal effects of such domestic employee. 

24 (b) PRIVATE COMMUNICATIONS.—An employer 

25 may— 


ssavage on LAPJG3WLY3PROD with BILLS
65 

•HR 8732 IH

1 (1) restrict, interfere with, or monitor the pri2 vate communications of a domestic employee of the 

3 employer if the employer has a reasonable belief that 

4 such communications significantly interfere with the 

5 domestic employee’s performance of expected duties; 

6 and 

7 (2) establish reasonable restrictions on the pri8 vate communications of the domestic employee while 

9 such employee is performing domestic services for 

10 the employer. 

11 (c) RELATION TO OTHER LAWS.—This section shall 

12 not preclude liability under any other law. 

13 (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In 

14 this section, the term ‘‘private communications’’ means 

15 any communication through telephone or internet services, 

16 including sending and receiving communications by text 

17 message, social media, electronic mail, and telephone, with 

18 an entity or individual other than the employer. 

19 SEC. 115. BREAKS FOR MEALS AND REST. 

20 (a) MEAL BREAKS.— 

21 (1) IN GENERAL.—Except as provided in sub22 section (c), an employer shall not require a domestic 

23 employee to work more than 5 hours for such em24 ployer without an uninterrupted meal break of not 

25 less than 30 minutes. The number of hours worked 


ssavage on LAPJG3WLY3PROD with BILLS
66 

•HR 8732 IH

1 by a domestic employee for purposes of this para2 graph shall be calculated without regard to any rest 

3 break the employee takes and to which the employee 

4 has a right under subsection (b). 

5 (2) RATE OF PAY.—An employer shall pay a 

6 domestic employee for a meal break under para7 graph (1) at the regular rate of pay of the domestic 

8 employee unless the domestic employee is relieved of 

9 all duty for not less than 30 minutes during the 

10 meal break and is permitted to leave the work site 

11 during such break. 

12 (3) PAID MEAL BREAK.—Except as provided in 

13 subsection (c), for any paid meal break required 

14 under paragraph (1), an employer shall— 

15 (A) provide a reasonable opportunity for a 

16 domestic employee of the employer to take such 

17 break for a period of uninterrupted time that is 

18 not less than 30 minutes; and 

19 (B) not impede or discourage such a do20 mestic employee from taking such meal break. 

21 (b) REST BREAKS.— 

22 (1) IN GENERAL.—Except as provided in sub23 section (c), for every 4 hours of work that a domes24 tic employee is scheduled to perform for the em25 ployer, the employer shall allow the employee a rest 


ssavage on LAPJG3WLY3PROD with BILLS
67 

•HR 8732 IH

1 break of not less than 10 uninterrupted minutes in 

2 which the domestic employee is relieved of all duties 

3 related to providing domestic services to the em4 ployer. The employer shall allow such rest break to 

5 occur during the first 3 hours of consecutive work 

6 performed by the employee for the employer. 

7 (2) RATE OF PAY.—An employer shall pay a 

8 domestic employee for all rest breaks under para9 graph (1) at the regular rate of pay of the employee. 

10 The employer shall not impede or discourage a do11 mestic employee from taking such breaks. 

12 (c) EXCEPTIONS.— 

13 (1) IN GENERAL.—Subject to paragraph 

14 (2)(B), a domestic employee may not have the right 

15 to a meal break under subsection (a), or a rest 

16 break under subsection (b), in a case in which the 

17 safety of an individual under the care of the domes18 tic employee prevents the domestic employee from 

19 taking such break. 

20 (2) ON-DUTY BREAKS.— 

21 (A) DEFINITION OF ON-DUTY.—In this 

22 subsection, the term ‘‘on-duty break’’, with re23 spect to a meal break under subsection (a) or 

24 a rest break under subsection (b), means a 

25 break in which the domestic employee— 


ssavage on LAPJG3WLY3PROD with BILLS
68 

•HR 8732 IH

1 (i) is not relieved of all duties of the 

2 employee for the employer; and 

3 (ii) may, to the extent possible given 

4 the duties of the domestic employee for the 

5 employer, engage in personal activities, 

6 such as resting, eating a meal, drinking a 

7 beverage, making a personal telephone call, 

8 or making other personal choices. 

9 (B) AUTHORIZATION.—In a case described 

10 in paragraph (1), the domestic employee may 

11 still take an on-duty meal or rest break under 

12 subsection (a) or (b), respectively, if— 

13 (i) the nature of the work prevents a 

14 domestic employee from being relieved of 

15 all duties required of the domestic em16 ployee for the employer; and 

17 (ii) the domestic employee and the 

18 employer agree to such an on-duty meal or 

19 rest break in a written agreement, which 

20 shall include a provision allowing the do21 mestic employee to, in writing, revoke the 

22 agreement at any time . 

23 (C) RATE OF PAY.—An employer shall 

24 compensate a domestic employee for the time of 

25 an on-duty meal or rest break under this paraVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
69 

•HR 8732 IH

1 graph at the regular rate of pay of the em2 ployee for the employer. 

3 (3) SHARED LIVING ARRANGEMENT.—The re4 quirements under this section shall not apply in the 

5 case of a shared living arrangement. 

6 SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT7 AGES, BREAKAGES, LOSS, OR MODES OF COM8 MUNICATION. 

9 (a) IN GENERAL.—An employer may not make any 

10 deduction from the wage of, or require any reimbursement 

11 from, a domestic employee of the employer for— 

12 (1) any cash shortage of the employer; or 

13 (2) breakage or loss of the employer’s equip14 ment or other belongings. 

15 (b) COMMUNICATIONS.—An employer may not make 

16 any deduction from the wage of, or otherwise penalize, a 

17 domestic employee of the employer for communicating 

18 with a consumer of domestic services directly as opposed 

19 to communicating through an application or other mes20 saging service provided by an on-demand platform or oth21 erwise required by the employer. 

22 (c) VIOLATION.—Any deduction or reimbursement in 

23 violation of subsection (a) or (b) shall be deemed an un24 paid wage for purposes of enforcement under section 118, 


ssavage on LAPJG3WLY3PROD with BILLS
70 

•HR 8732 IH

1 and the domestic employee shall have the right to recover 

2 such wage in accordance with such section. 

3 SEC. 117. PROHIBITED ACTS. 

4 (a) INTERFERENCE WITH RIGHTS.—It shall be un5 lawful for any person to interfere with, restrain, coerce, 

6 or deny any other person the exercise of, or the attempt 

7 to exercise, any right provided under this subtitle, includ8 ing— 

9 (1) discharging or in any manner discrimi10 nating against (including retaliating against) any 

11 domestic employee for— 

12 (A) exercising, or attempting to exercise, 

13 any right provided under this subtitle; or 

14 (B) engaging in concerted activities for the 

15 purpose of collective bargaining or other mutual 

16 aid or protection, regardless of whether such ac17 tivities are with domestic employees of different 

18 employers or domestic employees at different 

19 worksites; and 

20 (2) discriminating against any domestic em21 ployee by using the exercise of a right provided 

22 under this subtitle as a negative factor in an employ23 ment action, such as an action involving hiring, pro24 motion, or changing work hours or number of shifts, 

25 or a disciplinary action. 


ssavage on LAPJG3WLY3PROD with BILLS
71 

•HR 8732 IH

1 (b) RETALIATION PROTECTION.—It shall be unlawful 

2 for any employer to discharge, demote, suspend, reduce 

3 the work hours of, take any other adverse employment ac4 tion against, threaten to take an adverse employment ac5 tion against, or in any other manner discriminate against 

6 a domestic employee with respect to compensation, terms, 

7 conditions, or privileges of employment because the domes8 tic employee (or any person acting pursuant to the request 

9 of the domestic employee), whether at the initiative of the 

10 domestic employee or in the ordinary course of the domes11 tic employee’s duties— 

12 (1) opposes any practice made unlawful under 

13 this subtitle; 

14 (2) asserts any claim or right under this sub15 title; 

16 (3) assists a domestic employee in asserting 

17 such claim or right; 

18 (4) informs any domestic employee about this 

19 subtitle; 

20 (5) requests a change to the written agreement 

21 described in section 110; 

22 (6) requests a change in scheduled work hours 

23 described in section 112, or any other schedule 

24 change, without regard to the eligibility of such do25 mestic employee to receive any such change; 


ssavage on LAPJG3WLY3PROD with BILLS
72 

•HR 8732 IH

1 (7) participates as a member of, or takes an ac2 tion described in paragraph (8) with respect to, the 

3 Domestic Employee Standards Board described in 

4 section 201; 

5 (8)(A) files an action, or institutes or causes to 

6 be instituted any proceeding, under or related to this 

7 subtitle; 

8 (B) gives, or is about to give, any information 

9 in connection with any inquiry or proceeding relating 

10 to any right provided under this subtitle; or 

11 (C) testifies, or is about to testify, in any in12 quiry or proceeding relating to any right provided 

13 under this subtitle; and 

14 (9) engages in concerted activities for the pur15 pose of collective bargaining or other mutual aid or 

16 protection, regardless of whether such activities are 

17 with domestic employees of different employers or 

18 domestic employees at different worksites. 

19 (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI20 NATION.—For purposes of subsections (a) and (b), dis21 crimination with respect to compensation, terms, condi22 tions, or privileges of employment occurs if a person un23 dertakes any of the following activities (unless such activ24 ity is legal conduct undertaken at the express and specific 

25 direction or request of the Federal Government): 


ssavage on LAPJG3WLY3PROD with BILLS
73 

•HR 8732 IH

1 (1) Reporting or threatening to report the citi2 zenship or immigration status of a domestic em3 ployee or the suspected citizenship or immigration 

4 status of a family member of such an individual, to 

5 a Federal, State, or local agency. 

6 (2) Requesting more or different documents 

7 than those required under section 274A(b) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1324a(b)), or refusing to honor documents that on 

10 their face appear to be genuine. 

11 (3) Using the Federal E-Verify system to check 

12 employment status in a manner not required under 

13 section 274A(b) of the Immigration and Nationality 

14 Act (8 U.S.C. 1324a(b)) or any memorandum gov15 erning use of the E-Verify system. 

16 (4) Filing or threatening to file a false police 

17 report relating to the immigration status of a do18 mestic employee or a family member of a domestic 

19 employee. 

20 (5) Contacting or threatening to contact immi21 gration authorities relating to the immigration sta22 tus of a domestic employee or a family member of 

23 a domestic employee. 

24 (d) PRESUMPTION OF RETALIATION.— 


ssavage on LAPJG3WLY3PROD with BILLS
74 

•HR 8732 IH

1 (1) IN GENERAL.—For the purposes of sub2 sections (a) and (b), proof that a person discharged 

3 an individual or discriminated against an individual 

4 with respect to compensation, terms, conditions, or 

5 privileges of employment, within 90 days of the indi6 vidual involved asserting any claim or right under 

7 this subtitle, or assisting any other individual in as8 serting such a claim or right, shall raise a presump9 tion that the discharge or discrimination was in re10 taliation as prohibited under subsection (a) or (b), 

11 as the case may be. 

12 (2) REBUTTAL.—The presumption under para13 graph (1) may be rebutted by clear and convincing 

14 evidence that such discharge or discrimination was 

15 taken for another permissible reason. 

16 SEC. 118. ENFORCEMENT AUTHORITY. 

17 (a) IN GENERAL.— 

18 (1) APPLICATION.—In this subsection— 

19 (A) the term ‘‘domestic employee’’ means a 

20 domestic employee described in subsection 

21 (e)(1)(A); and 

22 (B) the term ‘‘employer’’ means an em23 ployer described in clause (i) or (ii) of subpara24 graph (A) and subparagraph (B) of subsection 

25 (e)(2). 


ssavage on LAPJG3WLY3PROD with BILLS
75 

•HR 8732 IH

1 (2) INVESTIGATIVE AUTHORITY.— 

2 (A) IN GENERAL.—To ensure compliance 

3 with the provisions of this subtitle, or any regu4 lation or order issued under this subtitle, the 

5 Secretary shall have the investigative authority 

6 provided under section 11(a) of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 211(a)), 

8 with respect to employers, domestic employees, 

9 and other individuals affected. 

10 (B) OBLIGATION TO KEEP AND PRESERVE

11 RECORDS.—An employer shall make, keep, and 

12 preserve records pertaining to compliance with 

13 this subtitle in accordance with section 11(c) of 

14 the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 211(c)) and in accordance with regula16 tions prescribed by the Secretary. 

17 (C) REQUIRED SUBMISSIONS GENERALLY

18 LIMITED TO AN ANNUAL BASIS.—The Secretary 

19 shall not require under this paragraph an em20 ployer to submit to the Secretary any books or 

21 records more than once during any 12-month 

22 period, unless the Secretary— 

23 (i) has reasonable cause to believe 

24 there may exist a violation of this subtitle, 


ssavage on LAPJG3WLY3PROD with BILLS
76 

•HR 8732 IH

1 including any regulation or order issued 

2 under this subtitle; or 

3 (ii) is investigating a charge under 

4 paragraph (4). 

5 (D) SUBPOENA AUTHORITY.—For the pur6 poses of any investigation under this paragraph, 

7 the Secretary shall have the subpoena authority 

8 provided under section 9 of the Fair Labor 

9 Standards Act of 1938 (29 U.S.C. 209). 

10 (3) CIVIL ACTION BY DOMESTIC EMPLOYEES.— 

11 (A) RIGHT OF ACTION.—An action to re12 cover the damages or equitable relief prescribed 

13 in subparagraph (B) may be maintained 

14 against an employer by one or more domestic 

15 employees, or a representative for and on behalf 

16 of the domestic employees and any other do17 mestic employees that may be similarly situ18 ated. 

19 (B) LIABILITY.—An employer that violates 

20 this subtitle shall be liable to a domestic em21 ployee aggrieved by the violation, except as pro22 vided in subparagraphs (C) and (D), for— 

23 (i) damages equal to— 

24 (I) the amount of— 


ssavage on LAPJG3WLY3PROD with BILLS
77 

•HR 8732 IH

1 (aa) any wages, salary, em2 ployment benefits, or other com3 pensation denied or lost by rea4 son of the violation; or 

5 (bb) in a case in which 

6 wages, salary, employment bene7 fits, or other compensation have 

8 not been denied or lost, any ac9 tual monetary losses sustained, 

10 or the costs reasonably related to 

11 damage to or loss of property, or 

12 any other injury to the person, 

13 reputation, character, or feelings, 

14 sustained by a domestic employee 

15 as a direct result of the violation, 

16 or any injury to another person 

17 sustained as a direct result of the 

18 violation, by the employer; 

19 (II) the interest on the amount 

20 described in subclause (I) calculated 

21 at the prevailing rate; 

22 (III) an additional amount as liq23 uidated damages; and 

24 (IV) such other legal relief as 

25 may be appropriate; 


ssavage on LAPJG3WLY3PROD with BILLS
78 

•HR 8732 IH

1 (ii) such equitable relief as may be ap2 propriate, including employment, reinstate3 ment, and promotion; and 

4 (iii) a reasonable attorney’s fee, rea5 sonable expert witness fees, and other costs 

6 of the action. 

7 (C) MEAL AND REST BREAKS.—In the case 

8 of a violation of section 115, an employer in9 volved shall be liable under subparagraph (B)— 

10 (i) for the amount of damages de11 scribed in subclauses (I), (II), and (III) of 

12 subparagraph (B)(i); and 

13 (ii) under subparagraph (B)(i)(IV), 

14 for each such violation, for an amount 

15 equal to 1 hour of pay at the domestic em16 ployee’s regular rate of compensation (but 

17 not more than 2 hours of such pay for 

18 each workday for which the employer is in 

19 violation of such section). 

20 (D) WRITTEN AGREEMENTS.—In the case 

21 of a violation of section 110, the employer in22 volved shall be liable, under subparagraph 

23 (B)(i)(I), for an amount equal to $5,000. 


ssavage on LAPJG3WLY3PROD with BILLS
79 

•HR 8732 IH

1 (E) VENUE.—An action under this para2 graph may be maintained in any Federal or 

3 State court of competent jurisdiction. 

4 (4) ACTION BY THE SECRETARY.— 

5 (A) ADMINISTRATIVE ACTION.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), and subparagraphs (C) and (D) of 

8 paragraph (3), the Secretary shall receive, 

9 investigate, and attempt to resolve com10 plaints of violations of this subtitle in the 

11 same manner that the Secretary receives, 

12 investigates, and attempts to resolve com13 plaints of violations of sections 6, 7, and 

14 15(a)(3) of the Fair Labor Standards Act 

15 of 1938 (29 U.S.C. 206, 207, and 

16 215(a)(3)), including the Secretary’s au17 thority to supervise payment of wages and 

18 compensation under section 16(c) of the 

19 Fair Labor Standards Act of 1938 (29 

20 U.S.C. 216(c)). 

21 (ii) VIOLATIONS GENERALLY.—The 

22 Secretary may assess a civil penalty 

23 against an employer that violates any sec24 tion of this subtitle— 


ssavage on LAPJG3WLY3PROD with BILLS
80 

•HR 8732 IH

1 (I) of not more than $15,000 for 

2 any first violation of any such section 

3 by such employer; and 

4 (II) of not more than $25,000 

5 for any subsequent violation of any 

6 such section by such employer. 

7 (B) ADMINISTRATIVE REVIEW.—Any ag8 grieved dislocated employee who takes exception 

9 to an order issued by the Secretary under sub10 paragraph (A) may request review of and a de11 cision regarding such order by an administra12 tive law judge. In reviewing the order, the ad13 ministrative law judge may hold an administra14 tive hearing concerning the order, in accordance 

15 with the requirements of sections 554, 556, and 

16 557 of title 5, United States Code. Such hear17 ing shall be conducted expeditiously. If no ag18 grieved dislocated employee requests such re19 view within 60 days after the order is issued 

20 under subparagraph (A), the order shall be con21 sidered to be a final order that is not subject 

22 to judicial review. 

23 (C) CIVIL ACTION.—The Secretary may 

24 bring an action in any court of competent juris25 diction to recover amounts described in paraVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
81 

•HR 8732 IH

1 graph (3)(B) on behalf of a domestic employee 

2 aggrieved by a violation of this subtitle. 

3 (D) SUMS RECOVERED.— 

4 (i) IN GENERAL.—Any sums recovered 

5 by the Secretary under subparagraph (C) 

6 shall be held in a special deposit account 

7 and shall be paid, on order of the Sec8 retary, directly to each domestic employee 

9 aggrieved by the violation for which the ac10 tion was brought. Any such sums not paid 

11 to a domestic employee because of inability 

12 to do so within a period of 3 years shall be 

13 deposited into the Treasury of the United 

14 States as a miscellaneous receipt. 

15 (ii) CIVIL PENALTY.—Any sums re16 covered by the Secretary under subpara17 graph (A)(ii) shall be deposited into the 

18 general fund of the Treasury of the United 

19 States as a miscellaneous receipt. 

20 (5) LIMITATION.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), an action may be brought 

23 under paragraph (3), (4), or (6) not later than 

24 2 years after the date of the last event constiVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
82 

•HR 8732 IH

1 tuting the alleged violation for which the action 

2 is brought. 

3 (B) WILLFUL VIOLATION.—In the case of 

4 an action brought for a willful violation of this 

5 subtitle, such action may be brought not later 

6 than 3 years after the date of the last event 

7 constituting the alleged violation for which such 

8 action is brought. 

9 (C) COMMENCEMENT.—An action shall be 

10 considered commenced under paragraph (3), 

11 (4), or (6) for the purposes of this paragraph 

12 on the date on which the complaint is filed 

13 under such paragraph (3), (4), or (6). 

14 (6) ACTION FOR INJUNCTION.—The district 

15 courts of the United States together with the Dis16 trict Court of the Virgin Islands and the District 

17 Court of Guam shall have jurisdiction, for cause 

18 shown, in an action brought by a domestic employee 

19 or the Secretary— 

20 (A) to restrain violations of this subtitle, 

21 including the withholding of a written agree22 ment from a domestic employee as required 

23 under section 110, or of any withholding of 

24 payment of wages, salary, employment benefits, 

25 or other compensation, plus interest, found by 


ssavage on LAPJG3WLY3PROD with BILLS
83 

•HR 8732 IH

1 the court to be due to a domestic employee 

2 under this subtitle; or 

3 (B) to award such other equitable relief as 

4 may be appropriate, including employment, re5 instatement, and promotion, for a violation of 

6 this subtitle. 

7 (7) SOLICITOR OF LABOR.—The Solicitor of 

8 Labor may appear for and represent the Secretary 

9 on any litigation brought under paragraph (4) or 

10 (6). 

11 (8) GOVERNMENT ACCOUNTABILITY OFFICE

12 AND LIBRARY OF CONGRESS.—Notwithstanding any 

13 other provision of this subsection, in the case of the 

14 Government Accountability Office and the Library of 

15 Congress, the authority of the Secretary of Labor 

16 under this subsection shall be exercised respectively 

17 by the Comptroller General of the United States and 

18 the Librarian of Congress. 

19 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC20 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

21 procedures provided in the Congressional Accountability 

22 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de23 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

24 person, alleging a violation of section 202(a)(1) of that 

25 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 


ssavage on LAPJG3WLY3PROD with BILLS
84 

•HR 8732 IH

1 and procedures this Act provides to that Board, or any 

2 person, alleging an unlawful employment practice in viola3 tion of this subtitle against a domestic employee described 

4 in subsection (e)(1)(B). 

5 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

6 3, UNITED STATES CODE.—The powers, remedies, and 

7 procedures provided in chapter 5 of title 3, United States 

8 Code, to the President, the Merit Systems Protection 

9 Board, or any person, alleging a violation of section 

10 412(a)(1) of that title, shall be the powers, remedies, and 

11 procedures this Act provides to the President, that Board, 

12 or any person, respectively, alleging an unlawful employ13 ment practice in violation of this subtitle against a domes14 tic employee described in subsection (e)(1)(C). 

15 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

16 5, UNITED STATES CODE.—The powers, remedies, and 

17 procedures provided in title 5, United States Code, to an 

18 employing agency, provided in chapter 12 of that title to 

19 the Merit Systems Protection Board, or provided in that 

20 title to any person, alleging a violation of chapter 63 of 

21 that title, shall be the powers, remedies, and procedures 

22 this Act provides to that agency, that Board, or any per23 son, respectively, alleging an unlawful employment prac24 tice in violation of this subtitle against a domestic em25 ployee described in subsection (e)(1)(D). 


ssavage on LAPJG3WLY3PROD with BILLS
85 

•HR 8732 IH

1 (e) DEFINITION.—In section 117 and this section: 

2 (1) DOMESTIC EMPLOYEE.—Notwithstanding 

3 section 3, the term ‘‘domestic employee’’ means— 

4 (A) a domestic employee (as defined in 

5 such section) who is employed by an employer 

6 described in clause (i) or (ii) of subparagraph 

7 (A) and subparagraph (B) of paragraph (2) for 

8 the performance of domestic services; 

9 (B) a domestic employee (as defined in 

10 such section) who is employed by an employer 

11 described in subparagraphs (A)(iii) and (B) of 

12 paragraph (2) for the performance of domestic 

13 services; 

14 (C) a domestic employee (as defined in 

15 such section) who is employed by an employer 

16 described in subparagraphs (A)(iv) and (B) of 

17 paragraph (2) for the performance of domestic 

18 services; and 

19 (D) a domestic employee (as defined in 

20 such section) who is employed by an employer 

21 described in subparagraphs (A)(v) and (B) of 

22 paragraph (2) for the performance of domestic 

23 service. 

24 (2) EMPLOYER.—Notwithstanding section 3, 

25 the term ‘‘employer’’ means a person who is— 


ssavage on LAPJG3WLY3PROD with BILLS
86 

•HR 8732 IH

1 (A)(i) an employer, as defined in section 3 

2 of the Fair Labor Standards Act of 1938 (29 

3 U.S.C. 203), who is not covered under another 

4 clause of this subparagraph; 

5 (ii) an entity employing a State employee 

6 described in section 304(a) of the Government 

7 Employee Rights Act of 1991; 

8 (iii) an employing office, as defined in sec9 tion 101 of the Congressional Accountability 

10 Act of 1995; 

11 (iv) an employing office, as defined in sec12 tion 411(c) of title 3, United States Code; or 

13 (v) an employing agency covered under 

14 subchapter V of chapter 63 of title 5, United 

15 States Code; and 

16 (B) engaged in commerce or the produc17 tion of goods for commerce or is an enterprise 

18 engaged in commerce or in the production of 

19 goods for commerce. 

20 SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS 

21 AND OTHER LAWS. 

22 (a) IN GENERAL.—Nothing in this subtitle shall— 

23 (1) supersede a provision in a collective bar24 gaining agreement; or 


ssavage on LAPJG3WLY3PROD with BILLS
87 

•HR 8732 IH

1 (2) be construed to diminish the obligation of 

2 an employer to comply with any contract, collective 

3 bargaining agreement, or employment benefit pro4 gram or plan that provides greater rights or benefits 

5 to domestic employees than the rights established 

6 under this Act. 

7 (b) OTHER LAWS.—Nothing in this subtitle shall— 

8 (1) affect the obligation of an employer to pro9 vide a reasonable accommodation in the form of a 

10 change to the work schedule of a domestic employee 

11 required under any other law, or to otherwise comply 

12 with any other law; 

13 (2) preempt, limit, or otherwise affect the appli14 cability of any State or local law that provides com15 parable or superior benefits for domestic employees 

16 to the requirements under this subtitle; or 

17 (3) diminish the rights, privileges, or remedies 

18 of any domestic employee under any Federal or 

19 State law or under any collective bargaining agree20 ment. 

21 (c) NO WAIVERS.—The rights and remedies in this 

22 subtitle may not be waived by a domestic employee 

23 through any agreement, policy, or form, or as a condition 

24 of employment. 


ssavage on LAPJG3WLY3PROD with BILLS
88 

•HR 8732 IH

1 Subtitle C—Amendment to Title 

2 VII of the Civil Rights Act of 1964 

3 SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN 

4 CIVIL RIGHTS PROTECTIONS AGAINST DIS5 CRIMINATION IN EMPLOYMENT. 

6 Section 701(b) of the Civil Rights Act of 1964 (42 

7 U.S.C. 2000e(b)) is amended by striking ‘‘but’’ and insert8 ing ‘‘and a person who employs a domestic employee (as 

9 defined in section 3(b)(6) of the Domestic Worker Bill of 

10 Rights Act of 2024), but’’. 

11 TITLE II—STANDARDS BOARD 

12 AND BENEFITS 

13 SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD. 

14 (a) ESTABLISHMENT AND PURPOSES.—The Sec15 retary shall establish a board to be known as the ‘‘Domes16 tic Employee Standards Board’’ (referred to in this sec17 tion as the ‘‘Board’’) to investigate standards in the do18 mestic employees industry and issue recommendations to 

19 the Secretary under subsection (e)(1), in order to promote 

20 the health, safety, and well-being of domestic employees. 

21 (b) MEMBERSHIP.— 

22 (1) COMPOSITION.—The Board shall be com23 posed of 11 members, of which— 


ssavage on LAPJG3WLY3PROD with BILLS
89 

•HR 8732 IH

1 (A) 5 shall be individuals, appointed by the 

2 Secretary in accordance with paragraph (2), 

3 representing domestic employees; 

4 (B) 5 shall be individuals, appointed by the 

5 Secretary in accordance with paragraph (3), 

6 representing employers of domestic employees; 

7 and 

8 (C) 1 shall be an individual appointed by 

9 the Secretary who is an expert on the domestic 

10 services sector and who is from academia, the 

11 nonprofit sector, or a Federal, State, or local 

12 governmental agency. 

13 (2) DOMESTIC EMPLOYEES SEATS.— 

14 (A) IN GENERAL.—The Secretary shall ap15 point members of the Board representing do16 mestic employees from among individuals nomi17 nated under subparagraph (B) by eligible em18 ployee organizations. 

19 (B) SELECTION OF ELIGIBLE EMPLOYEE

20 ORGANIZATIONS.—The Secretary shall enter 

21 into agreements, on a competitive basis, with el22 igible employee organizations for such organiza23 tions to nominate individuals to serve as mem24 bers of the Board representing domestic em25 ployees. 


ssavage on LAPJG3WLY3PROD with BILLS
90 

•HR 8732 IH

1 (C) SELECTING INDIVIDUALS ON THE

2 BOARD.—For each individual nominated under 

3 subparagraph (B), the Secretary shall submit a 

4 report to Congress indicating whether the Sec5 retary has decided to appoint the individual to 

6 the Board and the reasons for such decision. 

7 (D) DEFINITION OF ELIGIBLE EMPLOYEE

8 ORGANIZATION.—In this paragraph, the term 

9 ‘‘eligible employee organization’’ means an or10 ganization that— 

11 (i) is not an employer of a domestic 

12 employee or an employment agency; 

13 (ii) represents members of the organi14 zation, including domestic employees; 

15 (iii)(I) is described in paragraph (3), 

16 (4), or (5) of section 501(c) of the Internal 

17 Revenue Code of 1986, and exempt from 

18 taxation under section 501(a) of such 

19 Code; and 

20 (II) is organized and operated for the 

21 betterment of employees, including domes22 tic employees; 

23 (iv) engages in public advocacy to pro24 mote the health and well-being of domestic 

25 employees; 


ssavage on LAPJG3WLY3PROD with BILLS
91 

•HR 8732 IH

1 (v) has a governing structure that 

2 promotes the decisionmaking power of do3 mestic employees; and 

4 (vi) submits an application to the Sec5 retary at such time, in such manner, and 

6 containing such information as the Sec7 retary may reasonably require. 

8 (3) EMPLOYER SEATS.— 

9 (A) IN GENERAL.—The Secretary shall ap10 point members of the Board representing em11 ployers of domestic employees from among indi12 viduals nominated by eligible hiring organiza13 tions under subparagraph (B). 

14 (B) SELECTION OF ELIGIBLE HIRING OR15 GANIZATIONS.—The Secretary shall enter into 

16 agreements on a competitive basis with eligible 

17 hiring organizations for such organizations to 

18 nominate individuals to serve as members of the 

19 Board representing employers of domestic em20 ployees. 

21 (C) SELECTING INDIVIDUALS ON THE

22 BOARD.— 

23 (i) IN GENERAL.—For each individual 

24 nominated under subparagraph (B), the 

25 Secretary shall submit a report to ConVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
92 

•HR 8732 IH

1 gress indicating whether the Secretary has 

2 decided to appoint the individual to the 

3 Board and the reasons for such decision. 

4 (ii) REQUIREMENTS FOR APPOINT5 MENTS.—The Secretary shall ensure 

6 that— 

7 (I) not less than 2 seats under 

8 this paragraph are filled by an indi9 vidual who contracts with, or hires, 

10 not less than 1 domestic employee to 

11 work in the residence of the indi12 vidual; 

13 (II) not less than 1 seat under 

14 this paragraph is filled by a nomina15 tion from an eligible hiring organiza16 tion that is dedicated to the well-being 

17 of domestic employees; 

18 (III) not less than 1 seat under 

19 this paragraph is filled by an indi20 vidual who relies on a personal care 

21 aide or assistant financed through a 

22 State Medicaid program under title 

23 XIX of the Social Security Act (42 

24 U.S.C. 1396 et seq.); 


ssavage on LAPJG3WLY3PROD with BILLS
93 

•HR 8732 IH

1 (IV) not less than 1 seat under 

2 this paragraph is filled by an indi3 vidual who— 

4 (aa) is an adult family mem5 ber of a Medicaid HCBS-eligible 

6 elderly individual or an individual 

7 with a disability; 

8 (bb) is an informal provider 

9 of in-home care to such Medicaid 

10 HCBS-eligible elderly individual 

11 or individual with a disability; 

12 and 

13 (cc) contracts with, or hires, 

14 1 or more domestic employees to 

15 provide additional care for the 

16 Medicaid HCBS-eligible elderly 

17 individual or individual with a 

18 disability; 

19 (V) a single employer does not 

20 fill more than 1 seat under this para21 graph; and 

22 (VI) any employer serving on the 

23 Board satisfies the requirements 

24 under clause (iii). 


ssavage on LAPJG3WLY3PROD with BILLS
94 

•HR 8732 IH

1 (iii) DISCLOSURE OF LABOR VIOLA2 TIONS.— 

3 (I) IN GENERAL.—The Secretary 

4 shall require that each employer that 

5 serves on the Board disclose to the 

6 Secretary, with respect to the pre7 ceding 5-year period— 

8 (aa) any administrative mer9 its determination, arbitral award 

10 or decision, or civil judgment, 

11 rendered against the employer 

12 for a violation of the labor laws 

13 listed in subclause (II); and 

14 (bb) any steps taken by the 

15 employer to correct a violation of 

16 or improve compliance with the 

17 labor laws listed in subclause 

18 (II), including any agreement en19 tered into with an enforcement 

20 agency. 

21 (II) LABOR LAWS.—The labor 

22 laws described in this subclause are 

23 each of the following: 


ssavage on LAPJG3WLY3PROD with BILLS
95 

•HR 8732 IH

1 (aa) The Fair Labor Stand2 ards Act of 1938 (29 U.S.C. 201 

3 et seq.). 

4 (bb) Title VII of the Civil 

5 Rights Act of 1964 (42 U.S.C. 

6 2000e et seq.). 

7 (cc) The Occupational Safe8 ty and Health Act of 1970 (29 

9 U.S.C. 651 et seq.). 

10 (III) RESPONSIBLE SOURCE.— 

11 The Secretary shall consider informa12 tion disclosed by an employer under 

13 this clause to determine whether the 

14 employer has a satisfactory record of 

15 integrity and business ethics for pur16 poses of determining whether the em17 ployer shall serve on the Board. 

18 (D) DEFINITION OF ELIGIBLE HIRING OR19 GANIZATION.—In this paragraph, the term ‘‘eli20 gible hiring organization’’ means an organiza21 tion that— 

22 (i)(I) is an agency employing 2 or 

23 more domestic employees; or 


ssavage on LAPJG3WLY3PROD with BILLS
96 

•HR 8732 IH

1 (II) is an association of 2 or more in2 dividuals who hire or contract with domes3 tic employees; and 

4 (ii) submits an application to the Sec5 retary at such time, in such manner, and 

6 containing such information as the Sec7 retary may reasonably require. 

8 (4) CHAIRPERSON.—The Board shall select a 

9 Chairperson from among the members of the Board. 

10 (5) EXECUTIVE COMMITTEE.—The Chairperson 

11 shall assign an executive committee of 3 members of 

12 the Board, including not less than 1 representative 

13 appointed under paragraph (2) and 1 representative 

14 appointed under paragraph (3). Such executive com15 mittee shall establish an agenda and a work plan for 

16 the Board. 

17 (c) TERMS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), each member of the Board shall serve a 

20 term of 2 years. 

21 (2) INITIAL MEMBERS.—The Secretary shall 

22 stagger the terms of the Board members such 

23 that— 

24 (A) 6 of the initial members appointed to 

25 the Board serve a term of 4 years, including 3 


ssavage on LAPJG3WLY3PROD with BILLS
97 

•HR 8732 IH

1 of the members described in subsection 

2 (b)(1)(A) and 3 of the members described in 

3 subsection (b)(1)(B); and 

4 (B) 5 of the initial members appointed to 

5 the Board serve a term of 2 years, including 2 

6 of the members described in subsection 

7 (b)(1)(A), 2 of the members described in sub8 section (b)(1)(B), and the member described in 

9 subsection (b)(1)(C). 

10 (3) VACANCIES.— 

11 (A) IN GENERAL.—A vacancy on the 

12 Board— 

13 (i) shall not affect the powers of the 

14 Board; and 

15 (ii) shall be filled in the same manner 

16 as the original appointment was made and 

17 shall be subject to any conditions that ap18 plied with respect to the original appoint19 ment. 

20 (B) FILLING UNEXPIRED TERMS.—An in21 dividual chosen to fill a vacancy shall be ap22 pointed for the unexpired term of the member 

23 replaced. 

24 (C) PRESUMPTION.—If a member of the 

25 Board is unable to fill the duties of the member 


ssavage on LAPJG3WLY3PROD with BILLS
98 

•HR 8732 IH

1 in serving on the Board or leaves the domestic 

2 service industry for a period that exceeds 90 

3 days while serving on the Board, the seat of the 

4 member shall be considered a vacancy for pur5 poses of this paragraph. 

6 (d) MEETINGS.— 

7 (1) IN GENERAL.—The Board shall meet at the 

8 call of the Chairperson. 

9 (2) PUBLIC NOTICE.—The call of the Chair10 person under paragraph (1) shall include notice to 

11 the public of the meeting. 

12 (3) INITIAL MEETING.—Not later than 90 days 

13 after the date on which all members of the Board 

14 have been appointed, the Board shall hold the initial 

15 meeting of the Board. 

16 (e) STANDARDS.— 

17 (1) PROCESS FOR RECOMMENDING STAND18 ARDS.— 

19 (A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of this Act, and 

21 every 3 years thereafter, the Board shall issue 

22 recommendations to the Secretary for standards 

23 that affect the well-being of domestic employ24 ees, including recommendations for— 


ssavage on LAPJG3WLY3PROD with BILLS
99 

•HR 8732 IH

1 (i) workplace standards or regulations 

2 for domestic employees, including stand3 ards for— 

4 (I) occupational safety and health 

5 standards under the Occupational 

6 Safety and Health Act of 1970, that 

7 include the immediate protection of 

8 domestic employees from infectious 

9 diseases such as COVID–19; 

10 (II) standards or regulations, in11 cluding those on— 

12 (aa) wages; 

13 (bb) hours; 

14 (cc) benefits; and 

15 (dd) other matters that im16 pact working conditions; 

17 (ii) implementing and enforcing the 

18 rights of domestic employees granted 

19 under this Act and other Federal laws, in20 cluding rights for minimum wage, health, 

21 safety, and other workplace standards; and 

22 (iii) training and certification of do23 mestic employees and methods to ensure 

24 that training and certification results in 

25 higher wages. 


ssavage on LAPJG3WLY3PROD with BILLS
100 

•HR 8732 IH

1 (B) VOTING.— 

2 (i) IN GENERAL.—Any decision of the 

3 Board regarding a recommendation issued 

4 under subparagraph (A) shall be decided 

5 through a vote of the Board. In any such 

6 vote— 

7 (I) each voting member of the 

8 Board shall have 1 vote; 

9 (II) a quorum of the members of 

10 the Board shall be required to be in 

11 attendance at the vote; and 

12 (III) the vote shall be agreed to 

13 upon the affirmative vote of not less 

14 than a majority of the members of the 

15 Board present and voting. 

16 (ii) QUORUM.—A quorum required 

17 under clause (i)(II) shall not be formed if 

18 there are in attendance fewer than— 

19 (I) 2 members of the Board de20 scribed in subsection (b)(1)(A); or 

21 (II) 2 members of the Board de22 scribed in subsection (b)(1)(B). 

23 (2) RULEMAKING.— 

24 (A) AUTHORITY.—Subject to requirements 

25 under other law, subparagraph (B), and paraVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
101 

•HR 8732 IH

1 graph (3), the Secretary may issue a rule, in 

2 accordance with section 553 of title 5, United 

3 States Code, regarding any standard rec4 ommended by the Board under paragraph (1). 

5 (B) PROTECTION FROM INFECTIOUS DIS6 EASES.—To carry out paragraph (1)(A)(i)(I), 

7 the Assistant Secretary of Labor for Occupa8 tional Safety and Health may promulgate rules 

9 regarding occupational safety and health stand10 ards under authority and procedures of the Oc11 cupational Safety and Health Act of 1970 that 

12 include the immediate protection of domestic 

13 employees from infectious diseases such as 

14 COVID–19. 

15 (C) DECISION.— 

16 (i) IN GENERAL.—Not later than 90 

17 days after receiving a recommendation 

18 from the Board under paragraph (1), the 

19 Secretary shall provide a response on— 

20 (I) whether the Secretary will 

21 issue a rule under subparagraph (A) 

22 regarding such recommendation; and 

23 (II) if the Secretary issues such a 

24 rule, whether the Secretary will deviVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
102 

•HR 8732 IH

1 ate from such recommendation 

2 through such rule. 

3 (ii) EXPLANATORY STATEMENT.—If 

4 the Secretary decides not to issue a rule 

5 under subparagraph (A) regarding a rec6 ommendation under paragraph (1) or de7 cides to deviate from such recommendation 

8 in such a rule, the Secretary shall have 90 

9 days after receiving such recommendation 

10 to issue a statement explaining the deci11 sion. 

12 (D) WORKPLACE STANDARDS.—No stand13 ard included in a rule issued under subpara14 graph (A) may be for a workplace standard 

15 that is less protective of domestic employees 

16 than any law in effect on the date of enactment 

17 of this Act for domestic employees under any 

18 Federal, State, or local law. 

19 (3) RECOMMENDATIONS TO CONGRESS.— 

20 (A) IN GENERAL.—For any recommenda21 tion made by the Board under paragraph (1) 

22 that the Secretary determines is not within the 

23 authority of the Secretary, the Secretary shall 

24 make a recommendation to Congress to take ac25 tion on the recommendation. 


ssavage on LAPJG3WLY3PROD with BILLS
103 

•HR 8732 IH

1 (B) HEARING AND INVESTIGATIONS.—Not 

2 later than 1 year after such a recommendation 

3 is made by the Secretary to Congress under 

4 subparagraph (A), Congress shall conduct a 

5 hearing on and investigate the recommendation. 

6 (C) RULEMAKING.—This paragraph is en7 acted by Congress— 

8 (i) as an exercise of the rulemaking 

9 power of the Senate and House of Rep10 resentatives, respectively, and as such it is 

11 deemed a part of the rules of each House, 

12 respectively, but applicable only with re13 spect to the procedure to be followed in 

14 that House in the case of a joint resolu15 tion, and it supersedes other rules only to 

16 the extent that it is inconsistent with such 

17 rules; and 

18 (ii) with full recognition of the con19 stitutional right of either House to change 

20 the rules (so far as relating to the proce21 dure of that House) at any time, in the 

22 same manner, and to the same extent as in 

23 the case of any other rule of that House. 

24 (f) POWERS.— 

25 (1) HEARINGS.— 


ssavage on LAPJG3WLY3PROD with BILLS
104 

•HR 8732 IH

1 (A) IN GENERAL.—The Board may hold 

2 such hearings, meet and act at such times and 

3 places, take such testimony, and receive such 

4 evidence as the Board considers advisable to 

5 carry out this section. 

6 (B) REQUIRED PUBLIC HEARINGS.—The 

7 Board shall, prior to issuing any recommenda8 tion under this section, hold public hearings to 

9 enable domestic employees across the United 

10 States to have access to the Board. Any such 

11 public hearing shall— 

12 (i) be held at such a time, in such a 

13 location, and in such a facility that ensures 

14 accessibility for domestic employees; 

15 (ii) include interpretation services in 

16 the languages most commonly spoken by 

17 domestic employees in the geographic re18 gion of the hearing; 

19 (iii) be held in each of the regions 

20 served by the regional offices of the Wage 

21 and Hour Division of the Department of 

22 Labor; and 

23 (iv) include eligible employee organiza24 tions in helping to populate the hearings. 

25 (2) INFORMATION FROM FEDERAL AGENCIES.— 


ssavage on LAPJG3WLY3PROD with BILLS
105 

•HR 8732 IH

1 (A) IN GENERAL.—The Board may secure 

2 directly from a Federal agency such informa3 tion as the Board considers necessary to carry 

4 out this section. 

5 (B) PROVISION OF INFORMATION.—On re6 quest of the Chairperson of the Board, the head 

7 of the agency shall provide the information to 

8 the Board. 

9 (3) POSTAL SERVICES.—The Board may use 

10 the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

13 (4) GIFTS.—The Board may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (g) BOARD PERSONNEL MATTERS.— 

16 (1) COMPENSATION OF MEMBERS.— 

17 (A) NON-FEDERAL EMPLOYEES.—A mem18 ber of the Board who is not an officer or em19 ployee of the Federal Government shall be com20 pensated at a rate equal to the daily equivalent 

21 of the annual rate of basic pay prescribed for 

22 level IV of the Executive Schedule under section 

23 5315 of title 5, United States Code, for each 

24 day (including travel time) during which the 


ssavage on LAPJG3WLY3PROD with BILLS
106 

•HR 8732 IH

1 member is engaged in the performance of the 

2 duties of the Board. 

3 (B) FEDERAL EMPLOYEES.—A member of 

4 the Board who is an officer or employee of the 

5 Federal Government shall serve without com6 pensation in addition to the compensation re7 ceived for the services of the member as an offi8 cer or employee of the Federal Government. 

9 (2) TRAVEL EXPENSES.—A member of the 

10 Board shall be allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates authorized for 

12 an employee of an agency under subchapter I of 

13 chapter 57 of title 5, United States Code, while 

14 away from the home or regular place of business of 

15 the member in the performance of the duties of the 

16 Board. 

17 (3) STAFF.— 

18 (A) IN GENERAL.—The Chairperson of the 

19 Board may, without regard to the civil service 

20 laws (including regulations), appoint and termi21 nate an executive director and such other addi22 tional personnel as are necessary to enable the 

23 Board to perform the duties of the Board. 

24 (B) REQUIRED STAFF MEMBERS.—The 

25 Secretary shall, in accordance with subparaVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
107 

•HR 8732 IH

1 graph (A), designate not fewer than 2 full-time 

2 staff members to support the operation of the 

3 Board through logistical, administrative, and 

4 legislative activities. 

5 (C) CONFIRMATION OF EXECUTIVE DIREC6 TOR.—The employment of an executive director 

7 shall be subject to confirmation by the Board. 

8 (D) COMPENSATION.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (ii), the Chairperson of the Board 

11 may fix the compensation of the executive 

12 director and other personnel without re13 gard to the provisions of chapter 51 and 

14 subchapter III of chapter 53 of title 5, 

15 United States Code, relating to classifica16 tion of positions and General Schedule pay 

17 rates. 

18 (ii) MAXIMUM RATE OF PAY.—The 

19 rate of pay for the executive director and 

20 other personnel shall not exceed the rate 

21 payable for level V of the Executive Sched22 ule under section 5316 of title 5, United 

23 States Code. 

24 (4) DETAIL OF FEDERAL GOVERNMENT EM25 PLOYEES.— 


ssavage on LAPJG3WLY3PROD with BILLS
108 

•HR 8732 IH

1 (A) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Board without reimbursement. 

4 (B) CIVIL SERVICE STATUS.—The detail of 

5 the employee shall be without interruption or 

6 loss of civil service status or privilege. 

7 (5) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—The Chairperson of the Board 

9 may procure temporary and intermittent services in 

10 accordance with section 3109(b) of title 5, United 

11 States Code, at rates for individuals that do not ex12 ceed the daily equivalent of the annual rate of basic 

13 pay prescribed for level V of the Executive Schedule 

14 under section 5316 of that title. 

15 (h) RULE OF CONSTRUCTION FOR REPORTING RE16 QUIREMENTS.— 

17 (1) IN GENERAL.—Neither the nomination by 

18 an eligible employee organization of 1 or more indi19 viduals to serve as members of the Board, nor serv20 ice on the Board by a representative of an eligible 

21 employee organization, shall— 

22 (A) make the eligible employee organiza23 tion subject to the reporting requirements for 

24 labor organizations under title II of the LaborVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
109 

•HR 8732 IH

1 Management Reporting and Disclosure Act of 

2 1959 (29 U.S.C. 431 et seq.); or 

3 (B) be considered as a factor in any deter4 mination of whether the eligible employee orga5 nization is subject to such reporting require6 ments. 

7 (2) LMRDA REQUIREMENTS.—The status of 

8 an organization as an eligible employee organization 

9 shall not, by itself, make the organization subject to 

10 any reporting requirements under the Labor-Man11 agement Reporting and Disclosure Act of 1959 (29 

12 U.S.C. 401 et seq.). 

13 (3) DEFINITION OF ELIGIBLE EMPLOYEE ORGA14 NIZATION.—For purposes of this subsection, the 

15 term ‘‘eligible employee organization’’ has the mean16 ing given such term in subsection (b)(2)(D). 

17 (i) RULE OF CONSTRUCTION FOR STATE AND LOCAL

18 STANDARDS.—Nothing in this section shall preempt a 

19 State or local law with greater protections for domestic 

20 employees than the protections for such employees in21 cluded in a standard issued through a rule under sub22 section (e)(2). 

23 (j) EFFECT ON EXISTING DOMESTIC EMPLOYEE

24 BENEFITS.— 


ssavage on LAPJG3WLY3PROD with BILLS
110 

•HR 8732 IH

1 (1) MORE PROTECTIVE.—Nothing in this sec2 tion shall be construed to diminish the obligation of 

3 an employer to comply with any contract, collective 

4 bargaining agreement, or any domestic employee 

5 benefit program or plan that provides greater rights 

6 or benefits to domestic employees than the rights es7 tablished under this Act. 

8 (2) LESS PROTECTIVE.—The rights established 

9 for domestic employees under this section shall not 

10 be diminished by any contract, collective bargaining 

11 agreement, or any benefit program or plan. 

12 (k) APPLICABILITY OF LAW.—Section 1013(a)(2) of 

13 title 5, United States Code, shall not apply to the Board. 

14 SEC. 202. DOMESTIC EMPLOYEES’ BENEFITS STUDY. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 a study, which may be through a contract with an18 other entity, for the purpose of providing informa19 tion to labor organizations, employers, and the gen20 eral public concerning how to increase the number of 

21 domestic employees who have access to a secure re22 tirement, affordable health care, unemployment in23 surance, life insurance, and other common benefits 

24 provided to employees of large private and public 

25 sector employers. 


ssavage on LAPJG3WLY3PROD with BILLS
111 

•HR 8732 IH

1 (2) MATTERS.—The study conducted under 

2 paragraph (1) shall include— 

3 (A) a review of— 

4 (i) the levels of access to and usage of 

5 benefits for domestic employees, including 

6 retirement savings, health insurance, and 

7 reduced health care costs, paid sick time, 

8 unemployment insurance, disability and life 

9 insurance, and paid family and medical 

10 leave; 

11 (ii) barriers for domestic employees 

12 to— 

13 (I) participate in the old-age, 

14 survivors, and disability insurance 

15 program established under title II of 

16 the Social Security Act (42 U.S.C. 

17 401 et seq.); 

18 (II) obtain disability insurance; 

19 (III) access and use benefits, in20 cluding the old-age, survivors, and 

21 disability insurance program estab22 lished under title II of the Social Se23 curity Act (42 U.S.C. 401 et seq.), 

24 the Medicare program established 

25 under title XVIII of the Social SecuVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
112 

•HR 8732 IH

1 rity Act (42 U.S.C. 1395 et seq.), the 

2 Medicaid program established under 

3 title XIX of that Act (42 U.S.C. 1396 

4 et seq.), unemployment insurance, any 

5 benefits provided under the Patient 

6 Protection and Affordable Care Act 

7 (Public Law 111–148), including the 

8 amendments made by that Act, paid 

9 family and medical leave, paid sick 

10 time, and any additional benefits iden11 tified by the Secretary, including such 

12 benefits that are portable from job to 

13 job; 

14 (IV) otherwise access affordable 

15 health insurance; and 

16 (V) access any other benefits de17 scribed in clause (i); 

18 (iii) the portability of work-related 

19 benefits for domestic employees and the 

20 laws, including regulations, preventing in21 novation, and improvement in the port22 ability of such benefits; and 

23 (iv) whether domestic employees bene24 fitted from the emergency family and med25 ical leave and emergency paid sick leave 


ssavage on LAPJG3WLY3PROD with BILLS
113 

•HR 8732 IH

1 provisions under the Families First 

2 Coronavirus Response Act (Public Law 

3 116–127), including the amendments made 

4 by that Act, and lessons learned from the 

5 implementation of such provisions; 

6 (B) an identification and analysis of State 

7 and nongovernmental innovations that can serve 

8 as potential replicable models on the national 

9 level to increase access to work-related benefits 

10 for domestic employees, through portability, 

11 outreach, enrollment, and other strategies; 

12 (C) a comparison of the ability of domestic 

13 employees to access, be eligible for, and partici14 pate in public and private sector work-related 

15 benefits compared to such ability of other em16 ployees; 

17 (D) a study on the coverage of domestic 

18 employees under State employees’ compensation 

19 laws, including in all 50 States, the District of 

20 Columbia, and territories of the United States; 

21 and 

22 (E) recommendations for innovations and 

23 reforms that would— 

24 (i) ensure domestic employees could— 


ssavage on LAPJG3WLY3PROD with BILLS
114 

•HR 8732 IH

1 (I) access and use benefits, in2 cluding the old-age, survivors, and 

3 disability insurance program estab4 lished under title II of the Social Se5 curity Act (42 U.S.C. 401 et seq.), 

6 the Medicare program established 

7 under title XVIII of the Social Secu8 rity Act (42 U.S.C. 1395 et seq.), the 

9 Medicaid program established under 

10 title XIX of that Act (42 U.S.C. 1396 

11 et seq.), unemployment insurance, any 

12 benefits provided under the Patient 

13 Protection and Affordable Care Act 

14 (Public Law 111–148), including the 

15 amendments made by that Act, paid 

16 family and medical leave, paid sick 

17 time, and any additional benefits iden18 tified by the Secretary, including such 

19 benefits that are portable from job to 

20 job; and 

21 (II) have contributions for the 

22 benefits described in subclause (I) 

23 from multiple employers as applicable; 

24 (ii) provide adequate levels of such 

25 benefits for domestic employees; and 


ssavage on LAPJG3WLY3PROD with BILLS
115 

•HR 8732 IH

1 (iii) enable a domestic employee to 

2 have access to such benefits through mul3 tiple jobs the employee may have. 

4 (b) REPORT.—Not later than 15 months after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the President and Congress a report on the study con7 ducted under subsection (a) that includes each of the fol8 lowing: 

9 (1) The findings and conclusions of the study, 

10 including its findings and conclusions with respect to 

11 the matters described in subsection (a)(2). 

12 (2) Considerations for laws, including regula13 tions, that should be reviewed to address barriers 

14 impacting domestic employees. 

15 (3) Other information and recommendations 

16 with respect to benefits for domestic employees as 

17 the Secretary considers appropriate. 

18 TITLE III—IMPLEMENTATION OF 

19 THE DOMESTIC WORKERS 

20 BILL OF RIGHTS 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) DOMESTIC WORKERS BILL OF RIGHTS.— 

24 The term ‘‘domestic workers bill of rights’’— 


ssavage on LAPJG3WLY3PROD with BILLS
116 

•HR 8732 IH

1 (A) means the rights and protections pro2 vided to domestic employees under this Act, and 

3 the amendments made by this Act, including 

4 (as applicable)— 

5 (i) coverage of live-in domestic em6 ployees, as defined in section 8(a) of the 

7 Fair Labor Standards Act of 1938 (29 

8 U.S.C. 208(a)), under the overtime re9 quirements of section 7 of such Act (29 

10 U.S.C. 207); 

11 (ii) the right of live-in domestic em12 ployees, as so defined, to certain notices 

13 and communications under section 8 of 

14 such Act (29 U.S.C. 208); 

15 (iii) any minimum wage for domestic 

16 employees that may be established pursu17 ant to a recommendation to Congress 

18 under section 201(e)(3); 

19 (iv) the applicability of title VII of the 

20 Civil Rights Act of 1964 (42 U.S.C. 2000e 

21 et seq.); 

22 (v) the labor rights and privacy pro23 tections provided to domestic employees 

24 under subtitle B of title I, including— 


ssavage on LAPJG3WLY3PROD with BILLS
117 

•HR 8732 IH

1 (I) the right of certain domestic 

2 employees to a written agreement 

3 under section 110; 

4 (II) the right of certain domestic 

5 employees to earned paid sick time 

6 provided under section 111; 

7 (III) the fair scheduling practices 

8 required under section 112 with re9 spect to certain domestic employees; 

10 (IV) the right of certain domestic 

11 employees to request and receive tem12 porary changes to scheduled work 

13 hours for certain personal events 

14 under section 113; 

15 (V) the privacy protections under 

16 section 114; 

17 (VI) the right to meal and rest 

18 breaks in accordance with section 115; 

19 (VII) the protection from wage 

20 deductions for cash shortages, break21 ages, or loss under subsection (a) of 

22 section 116 and wage deductions or 

23 other penalties for communications 

24 described in subsection (b) of such 

25 section; and 


ssavage on LAPJG3WLY3PROD with BILLS
118 

•HR 8732 IH

1 (VIII) the protection against re2 taliation under section 117(b); and 

3 (vi) the availability of the national do4 mestic employee hotline supported under 

5 section 304, including the phone number 

6 and other contact methods for the hotline; 

7 and 

8 (B) includes any rules promulgated by the 

9 Secretary under this Act, or the amendments 

10 made by this Act, and any standard rec11 ommended by the Board that is promulgated as 

12 such a rule or otherwise implemented by the 

13 Secretary. 

14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means— 

16 (A) an organization described in paragraph 

17 (3), (5), or (6) of section 501(c) of the Internal 

18 Revenue Code of 1986, and exempt from tax19 ation under section 501(a) of such Code, that— 

20 (i) has a board of directors, at least 

21 one-half of the members of which is com22 prised of— 

23 (I) domestic employees; or 

24 (II) representatives of organiza25 tions of such employees, which organiVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
119 

•HR 8732 IH

1 zation is independent from all busi2 nesses, organizations, corporations, or 

3 individuals that would pursue any fi4 nancial interest in conflict with that 

5 of the employees; 

6 (ii) is independent, as described in 

7 clause (i)(II); 

8 (iii) has— 

9 (I) expertise in domestic service 

10 and the workforce of domestic employ11 ees; and 

12 (II) a track record of working 

13 with domestic employees; and 

14 (iv) operates in a jurisdiction with a 

15 significant population of domestic employ16 ees; or 

17 (B) a partnership of organizations de18 scribed in subparagraph (A). 

19 (3) NOTICE OF DOMESTIC EMPLOYEE

20 RIGHTS.—The term ‘‘notice of domestic employee 

21 rights’’ means the document created and made avail22 able by the Secretary under section 302(a). 

23 SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS. 

24 (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC

25 EMPLOYEES.— 


ssavage on LAPJG3WLY3PROD with BILLS
120 

•HR 8732 IH

1 (1) NOTICE OF RIGHTS.—The Secretary shall 

2 create, and make available, a notice of domestic em3 ployee rights document that describes the rights and 

4 protections provided by the domestic workers bill of 

5 rights and any other protections and other rights af6 forded under Federal law to domestic employees. 

7 (2) AVAILABILITY AND ACCESSIBILITY OF NO8 TICE.—The notice of domestic employee rights shall 

9 be— 

10 (A) a written document made available on11 line, including through the website described in 

12 subsection (b); and 

13 (B) available in English, Spanish, and 

14 other languages understood by domestic em15 ployees, which shall be determined by the Sec16 retary and include, at a minimum, the trans17 lation languages for the basic information fact 

18 sheet (or any successor document) produced by 

19 the Department of Labor. 

20 (b) ESTABLISHING A DOMESTIC EMPLOYEES RIGHTS

21 WEBSITE.—Not later than 180 days after the date of en22 actment of this Act, the Secretary shall establish a single 

23 web page on the website of the Department of Labor that 

24 summarizes in plain language the rights of domestic em25 ployees under the domestic workers bill of rights. 


ssavage on LAPJG3WLY3PROD with BILLS
121 

•HR 8732 IH

1 SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK2 ERS BILL OF RIGHTS ENFORCEMENT. 

3 (a) ESTABLISHMENT.—There is established an Inter4 agency Task Force on Domestic Workers Bill of Rights 

5 Enforcement (referred to in this section as the ‘‘Task 

6 Force’’). 

7 (b) MEMBERS.—The Task Force shall consist of— 

8 (1) representatives of the Department of Labor 

9 selected by the Secretary, including representatives 

10 of the Wage and Hour Division, representatives of 

11 the Occupational Safety and Health Administration, 

12 and representatives of the Office of the Solicitor of 

13 Labor; 

14 (2) representatives of the Department of Health 

15 and Human Services selected by the Secretary of 

16 Health and Human Services, including representa17 tives of the Centers for Medicare & Medicaid Serv18 ices and representatives of the Administration for 

19 Community Living; and 

20 (3) representatives of the Equal Employment 

21 Opportunity Commission, selected by the Commis22 sion. 

23 (c) INITIAL MEETING.—The Task Force shall hold 

24 its first meeting by not later than 90 days after the date 

25 of enactment of this Act. 

26 (d) DUTIES.— 


ssavage on LAPJG3WLY3PROD with BILLS
122 

•HR 8732 IH

1 (1) RECOMMENDATIONS REGARDING WORK2 PLACE CHALLENGES.—Beginning not later than 180 

3 days after the date of enactment of this Act, the 

4 Task Force shall— 

5 (A) examine the issues and challenges fac6 ing domestic employees who come forward to 

7 enforce their workplace rights; 

8 (B) identify challenges agencies enforcing 

9 these workplace rights have in reaching domes10 tic employees and enforcing such rights, includ11 ing by conducting hearings in each of the re12 gions served by the regional offices of the Wage 

13 and Hour Division of the Department of Labor 

14 to hear directly from domestic employees, advo15 cates, and officials or employees of such agen16 cies in the regional and local areas; and 

17 (C) develop a set of recommendations, in18 cluding sample legislative language, on the best 

19 enforcement strategies to protect the workplace 

20 rights of domestic employees, including— 

21 (i) how to reach, and enforce the 

22 rights of, domestic employees; 

23 (ii) ways for Federal agencies to work 

24 together or conduct joint enforcement of 

25 workplace rights for domestic employees, 


ssavage on LAPJG3WLY3PROD with BILLS
123 

•HR 8732 IH

1 as domestic employees who experience one 

2 type of violation are likely also experi3 encing other types of violations; and 

4 (iii) ways the Task Force can work 

5 with State and local enforcement agencies 

6 on the enforcement of workplace rights for 

7 domestic employees. 

8 (2) REPORT.—Not later than 1 year after the 

9 date of the first meeting of the Task Force, the 

10 Task Force shall prepare and submit a report to 

11 Congress regarding the recommendations described 

12 in paragraph (1)(C). 

13 (3) JOINT ENFORCEMENT.— 

14 (A) IN GENERAL.—For a period of not 

15 more than 3 years after the date of enactment 

16 of this Act, the Task Force shall carry out such 

17 actions as the Task Force determines necessary 

18 to support joint enforcement by Federal agen19 cies of violations of the rights of domestic em20 ployees. 

21 (B) REPORT.—At the end of the 3-year pe22 riod described in subparagraph (A), the Task 

23 Force shall submit a report to Congress regard24 ing the efficacy of such joint enforcement. 


ssavage on LAPJG3WLY3PROD with BILLS
124 

•HR 8732 IH

1 (4) AUDIT OF FEDERAL ENFORCEMENT STRAT2 EGIES.—Not later than 3 years after the date of en3 actment of this Act, and every 3 years thereafter, 

4 the Task Force shall— 

5 (A) conduct an audit of the Federal en6 forcement strategies relating to the rights of 

7 domestic employees; and 

8 (B) prepare and submit to Congress a re9 port regarding the results of the audit. 

10 (5) CONSULTATION REGARDING COMMUNITY11 BASED ENFORCEMENT DEMONSTRATION

12 PROJECTS.—Upon the request of the Secretary, the 

13 Task Force shall review, and provide recommenda14 tions regarding, the applications for community15 based enforcement grants under section 305. 

16 SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE. 

17 The Secretary shall award a grant, on a competitive 

18 basis, to an eligible entity for a national hotline that do19 mestic employees may call to seek assistance on any do20 mestic employee-related issue. 

21 SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDU22 CATION, OUTREACH, AND ENFORCEMENT OF 

23 DOMESTIC EMPLOYEE RIGHTS. 

24 (a) PROGRAM AUTHORIZED.— 


ssavage on LAPJG3WLY3PROD with BILLS
125 

•HR 8732 IH

1 (1) IN GENERAL.—From amounts made avail2 able to carry out this section, the Secretary, after 

3 consultation with the Interagency Task Force on 

4 Domestic Workers Bill of Rights Enforcement, shall 

5 award grants to eligible entities to enable the eligible 

6 entities to expand and improve cooperative efforts 

7 between Federal agencies and members of the com8 munity, in order to— 

9 (A) enhance the enforcement of the domes10 tic workers bill of rights and other workplace 

11 rights provided to domestic employees under 

12 relevant Federal, State, and local laws; 

13 (B) educate domestic employees of their 

14 rights under the domestic workers bill of rights 

15 and other workplace rights under Federal, 

16 State, and local laws; 

17 (C) educate employers regarding their re18 sponsibilities and obligations under the domes19 tic workers bill of rights and other relevant 

20 Federal, State, and local laws; and 

21 (D) assist domestic employees in pursuing 

22 their workplace rights under the domestic work23 ers bill of rights and other relevant Federal, 

24 State, or local laws. 


ssavage on LAPJG3WLY3PROD with BILLS
126 

•HR 8732 IH

1 (2) DURATION OF GRANTS.—Each grant 

2 awarded under this section shall be for a period of 

3 not more than 3 years. 

4 (b) APPLICATIONS.— 

5 (1) IN GENERAL.—An eligible entity desiring a 

6 grant under this section shall submit an application 

7 at such time, in such manner, and containing such 

8 information as the Secretary may require. 

9 (2) PARTNERSHIP APPLICATIONS.—In the case 

10 of an eligible entity that is a partnership, the eligible 

11 entity may designate, in the application, a single or12 ganization in the partnership as the lead entity for 

13 purposes of receiving and disbursing funds. 

14 (3) CONTENTS.—An application described in 

15 paragraph (1) shall include— 

16 (A) a description of a plan for the dem17 onstration project that the eligible entity pro18 poses to carry out with a grant under this sec19 tion, including a long-term strategy and de20 tailed implementation plan that reflects ex21 pected participation of, and partnership with, 

22 community partners; and 

23 (B) information on the training and edu24 cation that will be provided to domestic employVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
127 

•HR 8732 IH

1 ees and employers of such employees under 

2 such program. 

3 (c) SELECTION.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 the Secretary shall award grants under this section 

6 on a competitive basis. 

7 (2) DISTRIBUTION THROUGH REGIONS.—In 

8 awarding grants under this section, the Secretary 

9 shall ensure that a grant is awarded to an eligible 

10 entity in each region represented by a regional office 

11 of the Wage and Hour Division of the Department 

12 of Labor, to the extent practicable based on the 

13 availability of appropriations and the applications 

14 submitted. 

15 (d) USE OF FUNDS.—An eligible entity receiving a 

16 grant under this section shall use the grant funds to de17 velop a community partnership and establish and support, 

18 through the partnership, 1 or more of the following activi19 ties: 

20 (1) Disseminating information and conducting 

21 outreach and training to educate domestic employees 

22 about the rights and protections provided under the 

23 domestic workers bill of rights. 


ssavage on LAPJG3WLY3PROD with BILLS
128 

•HR 8732 IH

1 (2) Conducting educational training for employ2 ers about their obligations under the domestic work3 ers bill of rights. 

4 (3) Conducting orientations and training jointly 

5 with relevant Federal agencies, including the Inter6 agency Task Force established under section 303, 

7 regarding the rights and protections provided under 

8 the domestic workers bill of rights. 

9 (4) Providing mediation services between pri10 vate-pay employers and employees. 

11 (5) Providing assistance to domestic employees 

12 in filing claims relating to violations of the domestic 

13 workers bill of rights, either administratively or in 

14 court. 

15 (6) Monitoring compliance by employers with 

16 the domestic workers bill of rights. 

17 (7) Establishing networks for education, com18 munication, and participation in the community re19 lating to the domestic workers bill of rights. 

20 (8) Evaluating the effectiveness of programs de21 signed to prevent violations of the domestic workers 

22 bill of rights and enforce the domestic workers bill 

23 of rights. 

24 (9) Recruiting and hiring staff and volunteers 

25 for the activities described in this subsection. 


ssavage on LAPJG3WLY3PROD with BILLS
129 

•HR 8732 IH

1 (10) Producing and disseminating outreach and 

2 training materials. 

3 (11) Any other activity as the Secretary may 

4 reasonably prescribe through notice and comment 

5 rulemaking. 

6 (e) MEMORANDA OF UNDERSTANDING.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 receiving a grant under this section, an eligible enti9 ty shall negotiate and finalize with the Secretary a 

10 memorandum of understanding that sets forth spe11 cific goals, objectives, strategies, and activities that 

12 will be carried out under the grant by the eligible 

13 entity through a community partnership. 

14 (2) SIGNATURES.—A representative of the eligi15 ble entity receiving a grant (or, in the case of an eli16 gible entity that is a partnership, a representative of 

17 each organization in the partnership) and the Sec18 retary shall sign the memorandum of understanding 

19 under this subsection. 

20 (3) REVISIONS.—A memorandum of under21 standing under this subsection shall be reviewed and 

22 revised by the eligible entity and the Secretary each 

23 year for the duration of the grant. 


ssavage on LAPJG3WLY3PROD with BILLS
130 

•HR 8732 IH

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 306. ENCOURAGING THE USE OF FISCAL INTER5 MEDIARIES. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary shall issue a rule to facilitate 

8 the use of fiscal intermediaries that enable payments be9 tween domestic employees and employers of such employ10 ees, to improve transparency, enforcement, and working 

11 conditions of domestic employees. 

12 SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO 

13 PROVIDE MEDICAID-FUNDED SERVICES. 

14 (a) REGULATIONS TO APPLY DOMESTIC EMPLOYEE

15 PROTECTIONS AND RIGHTS.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary and the 

17 Secretary of Health and Human Services jointly shall de18 velop and issue regulations regarding the application of 

19 the protections and rights afforded to domestic employees 

20 including personal care aides or assistants who provide 

21 services described in subsection (b) that are funded under 

22 the State plan under title XIX of the Social Security Act 

23 (42 U.S.C. 1396 et seq.), or under a waiver of such plan, 

24 including through a contract or other arrangement with 

25 a managed care entity (as defined in section 


ssavage on LAPJG3WLY3PROD with BILLS
131 

•HR 8732 IH

1 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 

2 1396u–2(a)(1)(B))), to individuals enrolled in such plan 

3 or waiver. The regulations issued under this subsection 

4 shall recognize the role of self-directed care for individuals 

5 with disabilities and shall— 

6 (1) protect, stabilize, and expand the domestic 

7 employee and personal care aide or assistant work8 force; 

9 (2) recognize the role of self-directed care for 

10 individuals with disabilities; 

11 (3) prohibit States from requiring individuals 

12 with disabilities who self-direct their care to use 

13 their direct service budget to pay for costs resulting 

14 from the application of such protections and rights 

15 to domestic employees (such as paid sick time, pen16 alties, or overtime pay) except to the extent that 

17 such costs are directly related to the provision of 

18 services described in subsection (b) to such individ19 uals; 

20 (4) facilitate Federal and State compliance with 

21 section 504 of the Rehabilitation Act of 1973 (29 

22 U.S.C. 794), the Americans with Disabilities Act of 

23 1990 (42 U.S.C. 12101 et seq.), and the holdings of 

24 the Supreme Court in Olmstead v. L.C., 527 U.S. 

25 581 (1999) and companion cases; and 


ssavage on LAPJG3WLY3PROD with BILLS
132 

•HR 8732 IH

1 (5) prohibit States from reducing the level at 

2 which States make medical assistance for the serv3 ices described in subsection (b) available under the 

4 State plan under title XIX of the Social Security Act 

5 (42 U.S.C. 1396 et seq.) or under a waiver of such 

6 plan as a result of the application of protections and 

7 rights afforded to domestic employees who provide 

8 such services. 

9 (b) SERVICES DESCRIBED.—The services described 

10 in this subsection are the following: 

11 (1) Home health care services authorized under 

12 paragraph (7) of section 1905(a) of the Social Secu13 rity Act (42 U.S.C. 1396d(a)). 

14 (2) Personal care services authorized under 

15 paragraph (24) of such section. 

16 (3) PACE services authorized under paragraph 

17 (26) of such section. 

18 (4) Home and community-based services au19 thorized under subsections (b), (c), (i), (j), and (k) 

20 of section 1915 of such Act (42 U.S.C. 1396n), such 

21 services authorized under a waiver under section 

22 1115 of such Act (42 U.S.C. 1315), and such serv23 ices provided through coverage authorized under sec24 tion 1937 of such Act (42 U.S.C. 1396u–7). 


ssavage on LAPJG3WLY3PROD with BILLS
133 

•HR 8732 IH

1 (5) Case management services authorized under 

2 section 1905(a)(19) of the Social Security Act (42 

3 U.S.C. 1396d(a)(19)) and section 1915(g) of such 

4 Act (42 U.S.C. 1396n(g)). 

5 (6) Rehabilitative services, including those re6 lated to behavioral health described in section 

7 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). 

8 (7) Such other services specified by the Sec9 retary of Health and Human Services. 

10 SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT11 FUNDED PROGRAMS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of this Act, the Secretary shall delay all enforcement 

14 relating to the provisions of this Act, or the amendments 

15 made by this Act, with respect to a Federal, State, or local 

16 governmental agency, or an entity operating under a 

17 grant, contract, or other agreement for such agency, until 

18 the day that is 2 years after the date of enactment of this 

19 Act. 

20 (b) EXTENSION OPTION.—The Secretary may extend 

21 the 2-year delay period in enforcement under subsection 

22 (a) with respect to a Federal, State, or local governmental 

23 agency, or an entity operating under a grant, contract, 

24 or other agreement for such agency, for an additional 1- 

25 year period, if, through a process established by the SecVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
134 

•HR 8732 IH

1 retary, the Secretary determines the delay appropriate. In 

2 applying the preceding sentence, a delay in issuing the 

3 regulations required under section 307 shall be deemed a 

4 reason to extend the delayed enforcement period. 

5 (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC6 TIONS BY DOMESTIC EMPLOYEES PROVIDING SERVICES

7 FUNDED UNDER MEDICAID.—No action may be brought 

8 under section 118(a)(3) against an employer of a domestic 

9 employee that receives payment under a State Medicaid 

10 plan or waiver under title XIX of the Social Security Act 

11 for providing any services described in section 307(b), 

12 until on or after the date that is 2 years after the date 

13 of enactment of this Act. 

14 TITLE IV—FUNDING 

15 SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED16 ICAL ASSISTANCE PERCENTAGE FOR MED17 ICAID-FUNDED SERVICES PROVIDED BY DO18 MESTIC EMPLOYEES. 

19 Section 1905 of the Social Security Act (42 U.S.C. 

20 1396d) is amended— 

21 (1) in subsection (b), by striking ‘‘and (ii)’’ and 

22 inserting ‘‘(ii), and (jj)’’; and 

23 (2) by adding at the end the following new sub24 section: 


ssavage on LAPJG3WLY3PROD with BILLS
135 

•HR 8732 IH

1 ‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE

2 FOR CERTAIN SERVICES PROVIDED BY DOMESTIC EM3 PLOYEES.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

5 (b) and subsection (y), with respect to amounts ex6 pended by a State for medical assistance described 

7 in paragraph (3) that is provided by a domestic em8 ployee (as such term is defined in section 3 of the 

9 Domestic Workers Bill of Rights Act) during a fiscal 

10 quarter that occurs in the 20-quarter period begin11 ning with the first fiscal quarter that begins on or 

12 after the date of enactment of this subsection, the 

13 Federal medical assistance percentage otherwise de14 termined under subsection (b) and subsection (y) for 

15 the State and quarter shall, after the application of 

16 any other increase to the Federal medical assistance 

17 percentage for the State and quarter applicable 

18 under any other provision of law, be increased (not 

19 to exceed 100 percent) by the applicable number of 

20 percentage points determined for the State under 

21 paragraph (2). 

22 ‘‘(2) APPLICABLE NUMBER OF PERCENTAGE

23 POINTS.— 

24 ‘‘(A) IN GENERAL.—For purposes of para25 graph (1), the Secretary shall determine the apVerDate Sep 11 2014 22:13 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H8732.IH H8732

ssavage on LAPJG3WLY3PROD with BILLS
136 

•HR 8732 IH

1 plicable number of percentage points for each 

2 State. 

3 ‘‘(B) CONSIDERATIONS.—In determining 

4 the applicable number of percentage points for 

5 a State under this subsection, the Secretary 

6 shall— 

7 ‘‘(i) estimate the increase in costs to 

8 the State of furnishing medical assistance 

9 described in paragraph (3) that is provided 

10 by a domestic employee (as such term is 

11 defined in section 3 of the Domestic Work12 ers Bill of Rights Act) that is attributable 

13 to the requirements of such Act and the 

14 amendments made by such Act with re15 spect to labor protections and benefits for 

16 domestic employees; and 

17 ‘‘(ii) determine the appropriate num18 ber of percentage points by which to in19 crease the Federal medical assistance per20 centage otherwise determined for the State 

21 under subsection (b) or (y) to ensure that 

22 such increase in costs does not result in 

23 the State reducing the level of medical as24 sistance described paragraph (3) that is 


ssavage on LAPJG3WLY3PROD with BILLS
137 

•HR 8732 IH

1 provided by domestic employees under the 

2 State plan (or a waiver of such plan). 

3 ‘‘(3) MEDICAL ASSISTANCE DESCRIBED.—The 

4 medical assistance described in this paragraph is the 

5 following: 

6 ‘‘(A) Home health care services authorized 

7 under paragraph (7) of subsection (a). 

8 ‘‘(B) Personal care services authorized 

9 under paragraph (24) of such subsection. 

10 ‘‘(C) PACE services authorized under 

11 paragraph (26) of such subsection. 

12 ‘‘(D) Home and community-based services 

13 authorized under subsections (b), (c), (i), (j), 

14 and (k) of section 1915, such services author15 ized under a waiver under section 1115, and 

16 such services provided through coverage author17 ized under section 1937. 

18 ‘‘(E) Case management services authorized 

19 under subsection (a)(19) and section 1915(g). 

20 ‘‘(F) Rehabilitative services, including 

21 those related to behavioral health, described in 

22 subsection (a)(13). 

23 ‘‘(G) Such other services specified by the 

24 Secretary. 


ssavage on LAPJG3WLY3PROD with BILLS
138 

•HR 8732 IH

1 ‘‘(4) MAINTENANCE OF EFFORT REQUIRE2 MENT.—A State may not receive the increase de3 scribed in paragraph (1) with respect to a quarter 

4 if the eligibility standards, methodologies, or proce5 dures applicable to the provision of medical assist6 ance described in paragraph (3) under the State 

7 plan (or waiver of such plan) are more restrictive 

8 during such quarter than the eligibility standards, 

9 methodologies, or procedures, respectively, applicable 

10 to the provision of such assistance under such plan 

11 (or waiver) as in effect on the date of enactment of 

12 this subsection. 

13 ‘‘(5) DISREGARD FROM TERRITORIAL PAYMENT

14 CAPS.—Any payment made to Puerto Rico, the Vir15 gin Islands, Guam, the Northern Mariana Islands, 

16 or American Samoa that is subject to the Federal 

17 medical assistance percentage increase specified 

18 under paragraph (1) shall not be taken into account 

19 for purposes of applying payment limits under sub20 sections (f) and (g) of section 1108.’’. 

21 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this Act, and the amendments made by this Act, such 

24 sums as may be necessary. 


ssavage on LAPJG3WLY3PROD with BILLS
139 

•HR 8732 IH

1 TITLE V—SEVERABILITY 

2 SEC. 501. SEVERABILITY. 

3 If any provision of this Act, or an amendment made 

4 by this Act, or the application of such provision or amend5 ment to any person or circumstance, is held to be invalid, 

6 the remainder of this Act, or an amendment made by this 

7 Act, or the application of such provision or amendment 

8 to other persons or circumstances, shall not be affected. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS